II

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2001’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 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
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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.

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.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 (a) AUTHORIZATION OF APPROPRIATIONS FOR FIS5 CAL YEAR 2001.—Funds are hereby authorized to be ap6 propriated for fiscal year 2001 for the conduct of the intel7 ligence and intelligence-related activities of the following

8 elements of the United States Government:

9 (1) The Central Intelligence Agency.

10 (2) The Department of Defense.

11 (3) The Defense Intelligence Agency.

12 (4) The National Security Agency.

13 (5) The National Reconnaissance Office.

14 (6) The National Imagery and Mapping Agen15 cy.

16 (7) The Department of the Army, the Depart17 ment of the Navy, and the Department of the Air

18 Force.

19 (8) The Department of State.
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1 (9) The Department of the Treasury.

2 (10) The Department of Energy.

3 (11) The Federal Bureau of Investigation.

4 (b) AUTHORIZATION OF APPROPRIATIONS FOR CER5 TAIN ELEMENTS FOR FISCAL YEARS 2002 THROUGH

6 2005.—Funds are hereby authorized to be appropriated

7 for each of fiscal years 2002 through 2005 for the conduct

8 in each such fiscal year of the intelligence and intelligence9 related activities of the following elements of the United

10 States Government:

11 (1) The Central Intelligence Agency.

12 (2) The Defense Intelligence Agency.

13 (3) The National Security Agency.

14 (4) The National Reconnaissance Office.

15 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

16 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

17 CEILINGS.—The amounts authorized to be appropriated

18 under section 101, and the authorized personnel ceilings

19 as of September 30, 2001, for the conduct of the intel20 ligence and intelligence-related activities of the elements

21 listed in such section, are those specified in the classified

22 Schedule of Authorizations prepared to accompany the

23 conference report on the bill llll of the One Hun24 dred Sixth Congress.
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1 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU2 THORIZATIONS.—The Schedule of Authorizations shall be

3 made available to the Committees on Appropriations of

4 the Senate and House of Representatives and to the Presi5 dent. The President shall provide for suitable distribution

6 of the Schedule, or of appropriate portions of the Sched7 ule, within the Executive Branch.

8 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

9 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap10 proval of the Director of the Office of Management and

11 Budget, the Director of Central Intelligence may authorize

12 employment of civilian personnel in excess of the number

13 authorized for fiscal year 2001 under section 102 when

14 the Director of Central Intelligence determines that such

15 action is necessary to the performance of important intel16 ligence functions, except that the number of personnel em17 ployed in excess of the number authorized under such sec18 tion may not, for any element of the intelligence commu19 nity, exceed two percent of the number of civilian per20 sonnel authorized under such section for such element.

21 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

22 Director of Central Intelligence shall promptly notify the

23 Select Committee on Intelligence of the Senate and the

24 Permanent Select Committee on Intelligence of the House
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1 of Representatives whenever the Director exercises the au2 thority granted by this section.

3 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) IN GENERAL.—There is authorized to be

6 appropriated for the Community Management Ac7 count of the Director of Central Intelligence for fis8 cal year 2001 the sum of $232,051,000.

9 (2) AVAILABILITY FOR ADVANCED RESEARCH

10 AND DEVELOPMENT COMMITTEE.—Within the

11 amount authorized to be appropriated in paragraph

12 (1), amounts identified in the classified Schedule of

13 Authorizations referred to in section 102(a) for the

14 Advanced Research and Development Committee

15 shall remain available until September 30, 2002.

16 (b) AUTHORIZED PERSONNEL LEVELS.—The ele17 ments within the Community Management Account of the

18 Director of Central Intelligence are authorized a total of

19 618 full-time personnel as of September 30, 2001. Per20 sonnel serving in such elements may be permanent em21 ployees of the Community Management Account element

22 or personnel detailed from other elements of the United

23 States Government.

24 (c) CLASSIFIED AUTHORIZATIONS.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—In

2 addition to amounts authorized to be appropriated

3 for the Community Management Account by sub4 section (a), there is also authorized to be appro5 priated for the Community Management Account for

6 fiscal year 2001 such additional amounts as are

7 specified in the classified Schedule of Authorizations

8 referred to in section 102(a).

9 (2) AUTHORIZATION OF PERSONNEL.—In addi10 tion to the personnel authorized by subsection (b)

11 for elements of the Community Management Ac12 count as of September 30, 2001, there is hereby au13 thorized such additional personnel for such elements

14 as of that date as is specified in the classified Sched15 ule of Authorizations.

16 (d) REIMBURSEMENT.—Except as provided in section

17 113 of the National Security Act of 1947 (50 U.S.C.

18 404h), during fiscal year 2001, any officer or employee

19 of the United States or member of the Armed Forces who

20 is detailed to the staff of an element within the Commu21 nity Management Account from another element of the

22 United States Government shall be detailed on a reimburs23 able basis, except that any such officer, employee, or mem24 ber may be detailed on a nonreimbursable basis for a pe25 riod of less than one year for the performance of tem-
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1 porary functions as required by the Director of Central

2 Intelligence.

3 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

4 (1) IN GENERAL.—Of the amount authorized to

5 be appropriated in subsection (a), $27,000,000 shall

6 be available for the National Drug Intelligence Cen7 ter. Within such amount, funds provided for re8 search, development, test, and evaluation purposes

9 shall remain available until September 30, 2002, and

10 funds provided for procurement purposes shall re11 main available until September 30, 2003.

12 (2) TRANSFER OF FUNDS.—The Director of

13 Central Intelligence shall transfer to the Attorney

14 General of the United States funds available for the

15 National Drug Intelligence Center under paragraph

16 (1). The Attorney General shall utilize funds so

17 transferred for activities of the National Drug Intel18 ligence Center.

19 (3) LIMITATION.—Amounts available for the

20 National Drug Intelligence Center may not be used

21 in contravention of the provisions of section

22 103(d)(1) of the National Security Act of 1947 (50

23 U.S.C. 403–3(d)(1)).

24 (4) AUTHORITY.—Notwithstanding any other

25 provision of law, the Attorney General shall retain
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1 full authority over the operations of the National

2 Drug Intelligence Center.

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated for the Cen9 tral Intelligence Agency Retirement and Disability Fund

10 for fiscal year 2001 the sum of $216,000,000.

11 TITLE III—GENERAL

12 PROVISIONS

13 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

14 BENEFITS AUTHORIZED BY LAW.

15 Appropriations authorized by this Act for salary, pay,

16 retirement, and other benefits for Federal employees may

17 be increased by such additional or supplemental amounts

18 as may be necessary for increases in such compensation

19 or benefits authorized by law.

20 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

21 ACTIVITIES.

22 The authorization of appropriations by this Act shall

23 not be deemed to constitute authority for the conduct of

24 any intelligence activity which is not otherwise authorized

25 by the Constitution or the laws of the United States.
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1 SEC. 303. PROHIBITION ON UNAUTHORIZED DISCLOSURE

2 OF CLASSIFIED INFORMATION.

3 (a) IN GENERAL.—Chapter 37 of title 18, United

4 States Code, is amended—

5 (1) by redesignating section 798A as section

6 798B; and

7 (2) by inserting after section 798 the following

8 new section 798A:

9 ‘‘§ 798A. Unauthorized disclosure of classified infor10 mation

11 ‘‘(a) PROHIBITION.—Whoever, being an officer or

12 employee of the United States, a former or retired officer

13 or employee of the United States, any other person with

14 authorized access to classified information, or any other

15 person formerly with authorized access to classified infor16 mation, knowingly and willfully discloses, or attempts to

17 disclose, any classified information to a person who is not

18 both an officer or employee of the United States and who

19 is not authorized access to the classified information shall

20 be fined not more than $10,000, imprisoned not more

21 than 3 years, or both.

22 ‘‘(b) CONSTRUCTION OF PROHIBITION.—Nothing in

23 this section shall be construed to establish criminal liabil24 ity for disclosure of classified information in accordance

25 with applicable law to the following:
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1 ‘‘(1) Any justice or judge of a court of the

2 United States established pursuant to article III of

3 the Constitution of the United States.

4 ‘‘(2) The Senate or House of Representatives,

5 or any committee or subcommittee thereof, or joint

6 committee thereof, or any member of Congress.

7 ‘‘(c) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘authorized’, in the case of ac9 cess to classified information, means having author10 ity or permission to have access to the classified in11 formation pursuant to the provisions of a statute,

12 Executive Order, regulation, or directive of the head

13 of any department or agency who is empowered to

14 classify information, an order of any United States

15 court, or a provision of any Resolution of the Senate

16 or Rule of the House of Representatives which gov17 erns release of classified information by the such

18 House of Congress.

19 ‘‘(2) The term ‘classified information’ means in20 formation or material designated and clearly marked

21 or represented, or that the person knows or has rea22 son to believe has been determined by appropriate

23 authorities, pursuant to the provisions of a statute

24 or Executive Order, as requiring protection against
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1 unauthorized disclosure for reasons of national secu2 rity.

3 ‘‘(3) The term ‘officer or employee of the

4 United States’ means the following:

5 ‘‘(A) An officer or employee (as those

6 terms are defined in sections 2104 and 2105 of

7 title 5).

8 ‘‘(B) An officer or enlisted member of the

9 Armed Forces (as those terms are defined in

10 section 101(b) of title 10).’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of that chapter is amended by striking

13 the item relating to section 798A and inserting the fol14 lowing new items:

‘‘798A. Unauthorized disclosure of classified information.

‘‘798B. Temporary extension of section 794.’’.

15 SEC. 304. POW/MIA ANALYTIC CAPABILITY WITHIN THE IN16 TELLIGENCE COMMUNITY.

17 Title I of the National Security Act of 1947 (50

18 U.S.C. 402 et seq.) is amended by adding at the end the

19 following:

20 ‘‘POW/MIA ANALYTIC CAPABILITY

21 ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Director of

22 Central Intelligence shall, in consultation with the Sec23 retary of Defense, establish and maintain in the intel24 ligence community an analytic capability with responsi-
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1 bility for intelligence in support of the activities of the

2 United States relating to prisoners of war and missing

3 persons (as that term is defined in section 1513(1) of title

4 10, United States Code).

5 ‘‘(2) The analytic capability maintained under para6 graph (1) shall be known as the ‘POW/MIA analytic capa7 bility of the intelligence community’.

8 ‘‘(b) SCOPE OF RESPONSIBILITY.—The responsibil9 ities of the analytic capability maintained under subsection

10 (a) shall—

11 ‘‘(1) extend to any activities of the Federal

12 Government with respect to prisoners of war and

13 missing persons after December 31, 1990; and

14 ‘‘(2) include support for any department or

15 agency of the Federal Government engaged in such

16 activities.’’.

17 SEC. 305. APPLICABILITY TO LAWFUL UNITED STATES IN18 TELLIGENCE ACTIVITIES OF FEDERAL LAWS

19 IMPLEMENTING INTERNATIONAL TREATIES

20 AND AGREEMENTS.

21 The National Security Act of 1947 (50 U.S.C. 401

22 et seq.) is amended by adding at the end the following:
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1 ‘‘TITLE X—MISCELLANEOUS

2 ‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE AC3 TIVITIES OF FEDERAL LAWS IMPLEMENTING INTER4 NATIONAL TREATIES AND AGREEMENTS

5 ‘‘SEC. 1001. (a) IN GENERAL.—No Federal law en6 acted on or after the date of the enactment of the Intel7 ligence Authorization Act for Fiscal Year 2001 that imple8 ments a treaty or other international agreement shall be

9 construed as making unlawful an otherwise lawful and au10 thorized intelligence activity of the United States Govern11 ment or its employees, or any other person acting at their

12 direction to the extent such other person is carrying out

13 such activity on behalf of the United States, unless such

14 Federal law specifically addresses such intelligence activ15 ity.

16 ‘‘(b) AUTHORIZED ACTIVITIES.—An activity shall be

17 treated as authorized for purposes of subsection (a) if the

18 activity is authorized by an appropriate official of the

19 United States Government, acting within the scope of the

20 official duties of that official and in compliance with Fed21 eral law and any applicable Presidential directive.’’.
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1 SEC. 306. LIMITATION ON HANDLING, RETENTION, AND

2 STORAGE OF CERTAIN CLASSIFIED MATE3 RIALS BY THE DEPARTMENT OF STATE.

4 (a) CERTIFICATION REGARDING FULL COMPLIANCE

5 WITH REQUIREMENTS.—The Director of Central Intel6 ligence shall certify to the appropriate committees of Con7 gress whether or not each covered element of the Depart8 ment of State is in full compliance with all applicable di9 rectives of the Director of Central Intelligence, and all ap10 plicable Executive Orders, relating to the handling, reten11 tion, or storage of covered classified materials.

12 (b) LIMITATION ON CERTIFICATION.—The Director

13 of Central Intelligence may not certify a covered element

14 of the Department of State as being in full compliance

15 with the directives and Executive Orders referred to in

16 subsection (a) if the covered element is currently subject

17 to a waiver of compliance with respect to any such direc18 tive or Executive Order.

19 (c) REPORT ON NONCOMPLIANCE.—Whenever the

20 Director of Central Intelligence determines that a covered

21 element of the Department of State is not in full compli22 ance with any directive or Executive Order referred to in

23 subsection (a), the Director shall promptly notify the ap24 propriate committees of Congress of such determination.

25 (d) EFFECTS OF CERTIFICATION OF NON-FULL

26 COMPLIANCE.—(1)(A) Effective as of January 1, 2001,
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1 no funds authorized to be appropriated by this Act may

2 be obligated or expended by the Bureau of Intelligence and

3 Research of the Department of State unless the Director

4 of Central Intelligence has certified under subsection (a)

5 as of such date that each covered element of the Depart6 ment of State is in full compliance with the directives and

7 Executive Orders referred to in subsection (a).

8 (B) If the prohibition in subparagraph (A) takes ef9 fect in accordance with that subparagraph, the prohibition

10 shall remain in effect until the date on which the Director

11 certifies under subsection (a) that each covered element

12 of the Department of State is in full compliance with the

13 directives and Executive Orders referred to in that sub14 section.

15 (2)(A) Subject to subsection (e), effective as of Janu16 ary 1, 2001, a covered element of the Department of State

17 may not retain or store covered classified information un18 less the Director has certified under subsection (a) as of

19 such date that the covered element is in full compliance

20 with the directives and Executive Orders referred to in

21 subsection (a).

22 (B) If the prohibition in subparagraph (A) takes ef23 fect in accordance with that subparagraph, the prohibition

24 shall remain in effect until the date on which the Director

25 certifies under subsection (a) that the covered element in-
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1 volved is in full compliance with the directives and Execu2 tive Orders referred to in that subsection.

3 (e) PRESIDENTIAL WAIVER.—(1) The President may

4 waive the applicability of the prohibition in subsection

5 (d)(2) to an element of the Department of State otherwise

6 covered by such prohibition if the President determines

7 that the waiver is in the national security interests of the

8 United States.

9 (2) The President shall submit to appropriate com10 mittees of Congress a report on each exercise of the waiver

11 authority in paragraph (1).

12 (3) Each report under paragraph (2) with respect to

13 the exercise of authority under paragraph (1) shall set

14 forth the following:

15 (A) The covered element of the Department of

16 State addressed by the waiver.

17 (B) The reasons for the waiver.

18 (C) The actions taken by the President to pro19 tect any covered classified material to be handled,

20 retained, or stored by such element.

21 (f) DEFINITIONS.—In this section:

22 (1) The term ‘‘appropriate committees of Con23 gress’’ means the following:
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1 (A) The Select Committee on Intelligence

2 and the Committee on Foreign Relations of the

3 Senate.

4 (B) The Permanent Select Committee on

5 Intelligence and the Committee on International

6 Relations of the House of Representatives.

7 (2) The term ‘‘covered classified material’’

8 means any material classified at the Sensitive Com9 partmented Information (SCI) level.

10 (3) The term ‘‘covered element of the Depart11 ment of State’’ means each element of the Depart12 ment of State that handles, retains, or stores cov13 ered classified material.

14 (4) The term ‘‘material’’ means any data, re15 gardless of physical form or characteristic, including

16 written or printed matter, automated information

17 systems storage media, maps, charts, paintings,

18 drawings, films, photographs, engravings, sketches,

19 working notes, papers, reproductions of any such

20 things by any means or process, and sound, voice,

21 magnetic, or electronic recordings.

22 (5) The term ‘‘Sensitive Compartmented Infor23 mation (SCI) level’’, in the case of classified mate24 rial, means a level of classification for information in

25 such material concerning or derived from intelligence
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1 sources, methods, or analytical processes that re2 quires such information to be handled within formal

3 access control systems established by the Director of

4 Central Intelligence.

5 SEC. 307. CLARIFICATION OF STANDING OF UNITED STATES

6 CITIZENS TO CHALLENGE CERTAIN BLOCK7 ING OF ASSETS.

8 The Foreign Narcotics Kingpin Designation Act (title

9 VIII of Public Law 106–120; 113 Stat. 1626; 21 U.S.C.

10 1901 et seq.) is amended by adding at the end the fol11 lowing new section:

12 ‘‘SEC. 811. STANDING OF UNITED STATES CITIZENS TO

13 CHALLENGE BLOCKING OF ASSETS.

14 ‘‘No provision of this title shall be construed to pro15 hibit a United States citizen from raising any challenge

16 otherwise available to the United States citizen under sub17 chapter II of chapter 5 and chapter 7 of title 5, United

18 States Code (commonly referred to as the Administrative

19 Procedure Act), or any other provision of law, with respect

20 to the blocking of assets by the United States under this

21 title.’’.
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1 SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR ADMINIS2 TRATIVE COSTS OF COUNTERDRUG INTEL3 LIGENCE EXECUTIVE SECRETARIAT.

4 Notwithstanding section 1346 of title 31, United

5 States Code, or section 610 of the Treasury and General

6 Government Appropriations Act, 2000 (Public Law 106–

7 58; 113 Stat. 467), funds made available for fiscal year

8 2000 for any department or agency of the Federal Govern9 ment with authority to conduct counterdrug intelligence

10 activities, including counterdrug law enforcement informa11 tion-gathering activities, may be available to finance an

12 appropriate share of the administrative costs incurred by

13 the Department of Justice for the Counterdrug Intel14 ligence Executive Secretariat authorized by the General

15 Counterdrug Intelligence Plan of February 12, 2000.

16 TITLE IV—CENTRAL

17 INTELLIGENCE AGENCY

18 SEC. 401. EXPANSION OF INSPECTOR GENERAL ACTIONS

19 REQUIRING A REPORT TO CONGRESS.

20 Section 17(d)(3) of the Central Intelligence Agency

21 Act of 1949 (50 U.S.C. 403q(d)(3)) is amended by strik22 ing all that follows after subparagraph (A) and inserting

23 the following:

24 ‘‘(B) an investigation, inspection, or audit car25 ried out by the Inspector General should focus on

26 any current or former Agency official who—
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1 ‘‘(i) holds or held a position in the Agency

2 that is subject to appointment by the President,

3 by and with the advise and consent of the Sen4 ate, including such a position held on an acting

5 basis; or

6 ‘‘(ii) holds or held the position in the

7 Agency, including such a position held on an

8 acting basis, of—

9 ‘‘(I) Executive Director;

10 ‘‘(II) Deputy Director for Operations;

11 ‘‘(III) Deputy Director for Intel12 ligence;

13 ‘‘(IV) Deputy Director for Adminis14 tration; or

15 ‘‘(V) Deputy Director for Science and

16 Technology;

17 ‘‘(C) a matter requires a report by the Inspec18 tor General to the Department of Justice on possible

19 criminal conduct by a current or former Agency offi20 cial described or referred to in subparagraph (B);

21 ‘‘(D) the Inspector General becomes aware of

22 the possible criminal conduct of a current or former

23 Agency official described or referred to in subpara24 graph (B) through a means other than an investiga-
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1 tion, inspection, or audit and such conduct is not re2 ferred to the Department of Justice; or

3 ‘‘(E) the Inspector General, after exhausting all

4 possible alternatives, is unable to obtain significant

5 documentary information in the course of an inves6 tigation, inspection, or audit,

7 the Inspector General shall immediately submit a report

8 on such matter to the intelligence committees.’’.

9 SEC. 402. SUBPOENA AUTHORITY OF THE INSPECTOR GEN10 ERAL.

11 (a) CLARIFICATION REGARDING REPORTS ON EXER12 CISE OF AUTHORITY.—Section 17 of the Central Intel13 ligence Agency Act of 1949 (50 U.S.C. 403q) is

14 amended—

15 (1) in subsection (d)(1), by striking subpara16 graph (E) and inserting the following new subpara17 graph (E):

18 ‘‘(E) a description of the exercise of the sub19 poena authority under subsection (e)(5) by the In20 spector General during the reporting period; and’’;

21 and

22 (2) in subsection (e)(5), by striking subpara23 graph (E).
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1 (b) SCOPE OF AUTHORITY.—Subsection (e)(5)(B) of

2 that section is amended by striking ‘‘Government’’ and in3 serting ‘‘Federal’’.

4 SEC. 403. IMPROVEMENT AND EXTENSION OF CENTRAL

5 SERVICES PROGRAM.

6 (a) DEPOSITS IN CENTRAL SERVICES WORKING CAP7 ITAL FUND.—Subsection (c)(2) of section 21 of the Cen8 tral Intelligence Agency Act of 1949 (50 U.S.C. 403u) is

9 amended—

10 (1) by redesignating subparagraph (F) as sub11 paragraph (H); and

12 (2) by inserting after subparagraph (E) the fol13 lowing new subparagraphs:

14 ‘‘(F) Receipts from individuals in reimburse15 ment for utility services and meals provided under

16 the program.

17 ‘‘(G) Receipts from individuals for the rental of

18 property and equipment under the program.’’.

19 (b) CLARIFICATION OF COSTS RECOVERABLE UNDER

20 PROGRAM.—Subsection (e)(1) of that section is amended

21 in the second sentence by inserting ‘‘other than structures

22 owned by the Agency’’ after ‘‘depreciation of plant and

23 equipment’’.

24 (c) FINANCIAL STATEMENTS OF PROGRAM.—Sub25 section (g)(2) of that section is amended in the first sen-
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1 tence by striking ‘‘annual audits under paragraph (1)’’

2 and inserting the following: ‘‘financial statements to be

3 prepared with respect to the program. Office of Manage4 ment and Budget guidance shall also determine the proce5 dures for conducting annual audits under paragraph (1).’’.

6 (d) EXTENSION OF PROGRAM.—Subsection (h)(1) of

7 that section is amended by striking ‘‘March 31, 2002’’ and

8 inserting ‘‘March 31, 2005’’.

9 SEC. 404. DETAILS OF EMPLOYEES TO THE NATIONAL RE10 CONNAISSANCE OFFICE.

11 The Central Intelligence Agency Act of 1949 (50

12 U.S.C. 403a et seq.) is amended by adding at the end the

13 following new section:

14 ‘‘DETAILS OF EMPLOYEES

15 ‘‘SEC. 22. The Director may—

16 ‘‘(1) detail any personnel of the Agency on a re17 imbursable basis indefinitely to the National Recon18 naissance Office without regard to any limitation

19 under law on the duration of details of Federal gov20 ernment personnel; and

21 ‘‘(2) hire personnel for the purpose of details

22 under paragraph (1).’’.
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1 SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR

2 ACQUISITION OF LAND.

3 (a) IN GENERAL.—Section 8 of the Central Intel4 ligence Agency Act of 1949 (50 U.S.C. 403j) is amended

5 by adding at the end the following new subsection:

6 ‘‘(c) TRANSFERS FOR ACQUISITION OF LAND.—(1)

7 Sums appropriated or otherwise made available to the

8 Agency for the acquisition of land that are transferred to

9 another department or agency for that purpose shall re10 main available for 3 years.

11 ‘‘(2) The Director shall submit to the Select Com12 mittee on Intelligence of the Senate and the Permanent

13 Select Committee on Intelligence of the House of Rep14 resentatives an annual report on the transfers of sums de15 scribed in paragraph (1).’’.

16 (b) CONFORMING STYLISTIC AMENDMENTS.—That

17 section is further amended—

18 (1) in subsection (a), by inserting ‘‘IN GEN19 ERAL.—’’ after ‘‘(a)’’; and

20 (2) in subsection (b), by inserting ‘‘SCOPE OF

21 AUTHORITY FOR EXPENDITURE.—’’ after ‘‘(b)’’.

22 (c) APPLICABILITY.—Subsection (c) of section 8 of

23 the Central Intelligence Agency Act of 1949, as added by

24 subsection (a) of this section, shall apply with respect to

25 amounts appropriated or otherwise made available for the
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1 Central Intelligence Agency for fiscal years after fiscal

2 year 2000.

3 SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR

4 REIMBURSEMENT FOR PROFESSIONAL LI5 ABILITY INSURANCE.

6 (a) IN GENERAL.—Notwithstanding any provision of

7 section 363 of the Treasury, Postal Service, and General

8 Government Appropriations Act, 1997 (5 U.S.C. prec.

9 5941 note), the Director of Central Intelligence may—

10 (1) designate as qualified employees within the

11 meaning of subsection (b) of that section appro12 priate categories of employees not otherwise covered

13 by that subsection; and

14 (2) use appropriated funds available to the Di15 rector to reimburse employees within categories so

16 designated for one-half of the costs incurred by such

17 employees for professional liability insurance in ac18 cordance with subsection (a) of that section.

19 (b) REPORTS.—The Director of Central Intelligence

20 shall submit to the Select Committee on Intelligence of

21 the Senate and the Permanent Select Committee of Intel22 ligence of the House of Representatives a report on each

23 designation of a category of employees under paragraph

24 (1) of subsection (a), including the approximate number

25 of employees covered by such designation and an estimate
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1 of the amount to be expended on reimbursement of such

2 employees under paragraph (2) of that subsection.

3 TITLE V—DEPARTMENT OF DE4 FENSE INTELLIGENCE AC5 TIVITIES

6 SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY TO EN7 GAGE IN COMMERCIAL ACTIVITIES AS SECU8 RITY FOR INTELLIGENCE COLLECTION AC9 TIVITIES.

10 Section 431(a) of title 10, United States Code, is

11 amended in the second sentence by striking ‘‘December

12 31, 2000’’ and inserting ‘‘December 31, 2002’’.

13 SEC. 502. NUCLEAR TEST MONITORING EQUIPMENT.

14 (a) IN GENERAL.—Subchapter II of chapter 138 of

15 title 10, United States Code, is amended by adding at the

16 end the following new section:

17 ‘‘§ 2350l. Nuclear test monitoring equipment

18 ‘‘(a) AUTHORITY TO CONVEY OR PROVIDE.—Subject

19 to subsection (b), the Secretary of Defense may, for pur20 poses of satisfying nuclear test explosion monitoring re21 quirements applicable to the United States—

22 ‘‘(1) convey or otherwise provide to a foreign

23 government monitoring and associated equipment

24 for nuclear test explosion monitoring purposes; and
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1 ‘‘(2) install such equipment on foreign territory

2 or in international waters as part of such conveyance

3 or provision.

4 ‘‘(b) AGREEMENT REQUIRED.—Nuclear test explo5 sion monitoring equipment may be conveyed or otherwise

6 provided under the authority in subsection (a) only pursu7 ant to the terms of an agreement in which the foreign

8 government receiving such equipment agrees as follows:

9 ‘‘(1) To provide the Secretary of Defense timely

10 access to the data produced, collected, or generated

11 by such equipment.

12 ‘‘(2) To permit the Secretary of Defense to take

13 such measures as the Secretary considers necessary

14 to inspect, test, maintain, repair, or replace such

15 equipment, including access for purposes of such

16 measures.

17 ‘‘(c) DELEGATION OF RESPONSIBILITIES.—(1) The

18 Secretary of Defense may delegate any or all of the re19 sponsibilities of that Secretary under subsection (b) to the

20 Secretary of the Air Force.

21 ‘‘(2) The Secretary of the Air Force may delegate any

22 or all of the responsibilities delegated to that Secretary

23 under paragraph (1).’’.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of subchapter II of such chapter is
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1 amended by inserting after the item relating to section

2 2350k the following new item:

‘‘2350l. Nuclear test monitoring equipment.’’.

3 SEC. 503. EXPERIMENTAL PERSONNEL MANAGEMENT PRO4 GRAM FOR TECHNICAL PERSONNEL FOR

5 CERTAIN ELEMENTS OF THE INTELLIGENCE

6 COMMUNITY.

7 (a) PROGRAM AUTHORIZED.—During the 5-year pe8 riod beginning on the date of the enactment of this Act,

9 the Director of Central Intelligence may carry out a pro10 gram of experimental use of the special personnel manage11 ment authority provided in subsection (b) in order to fa12 cilitate recruitment of eminent experts in science or engi13 neering for research and development projects adminis14 tered by the elements of the intelligence community speci15 fied in subsection (c).

16 (b) SPECIAL PERSONNEL MANAGEMENT AUTHOR17 ITY.—Under the program, the Director of Central Intel18 ligence may—

19 (1) within the limitations specified in subsection

20 (c), appoint scientists and engineers from outside

21 the civil service and uniformed services (as such

22 terms are defined in section 2101 of title 5, United

23 States Code) to not more than 39 scientific and en24 gineering positions in the elements of the intelligence

25 community specified in that subsection without re-
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1 gard to any provision of title 5, United States Code,

2 governing the appointment of employees in the civil

3 service;

4 (2) prescribe the rates of basic pay for positions

5 to which employees are appointed under paragraph

6 (1) at rates not in excess of the maximum rate of

7 basic pay authorized for senior-level positions under

8 section 5376 of title 5, United States Code, notwith9 standing any provision of such title governing the

10 rates of pay or classification of employees in the ex11 ecutive branch; and

12 (3) pay any employee appointed under para13 graph (1) payments in addition to basic pay within

14 the limit applicable to the employee under subsection

15 (e)(1).

16 (c) SPECIFIED ELEMENTS AND LIMITATIONS.—The

17 elements of the intelligence community in which individ18 uals may be appointed under the program, and the max19 imum number of positions for which individuals may be

20 appointed in each such element, are as follows:

21 (1) The National Imagery and Mapping Agency

22 (NIMA), 15 positions.

23 (2) The National Security Agency (NSA), 12

24 positions.
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1 (3) The National Reconnaissance Office (NRO),

2 6 positions.

3 (4) The Defense Intelligence Agency (DIA), 6

4 positions.

5 (d) LIMITATION ON TERM OF APPOINTMENT.—(1)

6 Except as provided in paragraph (2), the service of an em7 ployee under an appointment under subsection (b)(1) may

8 not exceed 4 years.

9 (2) The Director of Central Intelligence may, in the

10 case of a particular employee, extend the period to which

11 service is limited under paragraph (1) by up to 2 years

12 if the Director determines that such action is necessary

13 to promote the efficiency of the element of the intelligence

14 community concerned.

15 (e) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1)

16 The total amount of the additional payments paid to an

17 employee under subsection (b)(3) for any 12-month period

18 may not exceed the least of the following amounts:

19 (A) $25,000.

20 (B) The amount equal to 25 percent of the em21 ployee’s annual rate of basic pay.

22 (C) The amount of the limitation that is appli23 cable for a calendar year under section 5307(a)(1)

24 of title 5, United States Code.
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1 (2) An employee appointed under subsection (b)(1)

2 is not eligible for any bonus, monetary award, or other

3 monetary incentive for service except for payments author4 ized under subsection (b)(3).

5 (f) PERIOD OF PROGRAM.—(1) The program author6 ized under this section shall terminate at the end of the

7 5-year period referred to in subsection (a).

8 (2) After the termination of the program—

9 (A) no appointment may be made under para10 graph (1) of subsection (b);

11 (B) a rate of basic pay prescribed under para12 graph (2) of that subsection may not take effect for

13 a position; and

14 (C) no period of service may be extended under

15 subsection (d)(2).

16 (g) SAVINGS PROVISIONS.—In the case of an em17 ployee who, on the day before the termination of the pro18 gram, is serving in a position pursuant to an appointment

19 under subsection (b)(1)—

20 (1) the termination of the program does not

21 terminate the employee’s employment in that posi22 tion before the expiration of the lesser of—

23 (A) the period for which the employee was

24 appointed; or
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1 (B) the period to which the employee’s

2 service is limited under subsection (d), includ3 ing any extension made under paragraph (2) of

4 that subsection before the termination of the

5 program; and

6 (2) the rate of basic pay prescribed for the posi7 tion under subsection (b)(2) may not be reduced for

8 so long (within the period applicable to the employee

9 under paragraph (1)) as the employee continues to

10 serve in the position without a break in service.

11 (h) ANNUAL REPORT.—(1) Not later than October

12 15 of each year, beginning in 2001 and ending in the year

13 in which the service of employees under the program con14 cludes (including service, if any, that concludes under sub15 section (g)), the Director of Central Intelligence shall sub16 mit a report on the program to the Select Committee on

17 Intelligence of the Senate and the Permanent Select Com18 mittee on Intelligence of the House of Representatives.

19 (2) The report submitted in a year shall cover the

20 12-month period ending on the day before the anniversary,

21 in that year, of the date of the enactment of this Act.

22 (3) The annual report shall contain, for the period

23 covered by the report, the following:

24 (A) A detailed discussion of the exercise of au25 thority under this section.
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1 (B) The sources from which individuals ap2 pointed under subsection (b)(1) were recruited.

3 (C) The methodology used for identifying and

4 selecting such individuals.

5 (D) Any additional information that the Direc6 tor considers helpful for assessing the utility of the

7 authority under this section.

8 SEC. 501. PROHIBITION ON TRANSFER OF IMAGERY ANA9 LYSTS FROM GENERAL DEFENSE INTEL10 LIGENCE PROGRAM TO NATIONAL IMAGERY

11 AND MAPPING AGENCY PROGRAM.

12 (a) PROHIBITION ON USE OF FUNDS FOR TRANS13 FER.—No funds authorized to be appropriated by this Act

14 may be transferred from the General Defense Intelligence

15 Program to the National Imagery and Mapping Agency

16 Program for purposes of transferring imagery analysis per17 sonnel from the General Defense Intelligence Program to the

18 National Imagery and Mapping Agency Program.

19 (b) ROLE OF DIRECTOR OF NIMA AS FUNCTIONAL

20 MANAGER FOR IMAGERY AND GEOSPACIAL PROGRAMS.—(1)

21 The Secretary of Defense shall, in consultation with the Di22 rector of Central Intelligence, review options for strength23 ening the role of the Director of the National Imagery and

24 Mapping Agency as the functional manager for United

25 States imagery and geospacial programs.
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1 (2) Not later than March 15, 2001, the Secretary shall

2 submit to the appropriate committees of Congress a report

3 on the review required by subsection (b). The report shall

4 include any recommendations regarding modifications in

5 the role and duties of the Director of the National Imagery

6 and Mapping Agency that the Secretary considers appro7 priate in light of the review.

8 (3) In this subsection, the term ‘‘appropriate commit9 tees of Congress’’ means the following:

10 (A) The Committee on Armed Services and the

11 Select Committee on Intelligence of the Senate.

12 (B) The Committee on Armed Services and the

13 Permanent Select Committee on Intelligence of the

14 House of Representatives.

15 SEC. 502. PROHIBITION ON TRANSFER OF COLLECTION

16 MANAGEMENT PERSONNEL FROM GENERAL

17 DEFENSE INTELLIGENCE PROGRAM TO COM18 MUNITY MANAGEMENT ACCOUNT.

19 No funds authorized to be appropriated by this Act

20 may be transferred from the General Defense Intelligence

21 Program to the Community Management Account for pur22 poses of transferring intelligence collection management

23 personnel.
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1 SEC. 503. AUTHORIZED PERSONNEL CEILING FOR GENERAL

2 DEFENSE INTELLIGENCE PROGRAM.

3 The authorized personnel ceiling for the General De4 fense Intelligence Program specified in the classified Sched5 ule of Authorizations referred to in section 102 is hereby

6 increased by 2,152 positions.

7 SEC. 504. MEASUREMENT AND SIGNATURE INTELLIGENCE.

8 (a) STUDY OF OPTIONS.—The Director of Central In9 telligence shall, in coordination with the Secretary of De10 fense, conduct a study of the utility and feasibility of var11 ious options for improving the management and organiza12 tion of measurement and signature intelligence, including

13 the option of establishing a centralized tasking, processing,

14 exploitation, and dissemination facility for measurement

15 and signature intelligence.

16 (b) REPORT.—Not later than April 1, 2001, the Direc17 tor and the Secretary shall jointly submit to the appro18 priate committees of Congress a report on their findings

19 as a result of the study required by subsection (a). The re20 port shall set forth any recommendations that the Director

21 and the Secretary consider appropriate.

22 (c) APPROPRIATE COMMITTEES OF CONGRESS DE23 FINED.—In this section, the term ‘‘appropriate committees

24 of Congress’’ means the following:

25 (1) The Committee on Armed Services and the

26 Select Committee on Intelligence of the Senate.
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1 (2) The Committee on Armed Services and the

2 Permanent Select Committee on Intelligence of the

3 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 ofthe United States Government, the CommunityManagement Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

JUNE 29, 2000

Reported with amendments