Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Intelligence Authorization Act for Fiscal Year 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community management account.
Sec. 105. Transfer authority of the Director of Central Intelligence.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Subtitle A—Intelligence Community
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of the Congress on intelligence community contracting.
Sec. 304. National Security Agency voluntary separation.
Sec. 305. Authorization for travel on any common carrier for certain intel-
ligence collection personnel.
Sec. 306. Update of report on effects of foreign espionage on United States
trade secrets.
Sec. 307. POW/MIA analytic capability within the intelligence community.
Sec. 308. Applicability to lawful 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.
Sec. 310. Designation of Daniel Patrick Moynihan Place.
Subtitle B—Diplomatic Telecommunications Service Program Office (DTS-
PO)
Sec. 321. Reorganization of Diplomatic Telecommunications Service Program
Office.
Sec. 322. Personnel.
Sec. 323. Diplomatic Telecommunications Service Oversight Board.
Sec. 324. General provisions.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency’s central services pro-
gram.
Sec. 402. Technical corrections.
Sec. 403. Expansion of Inspector General actions requiring a report to Con-
gress.
Sec. 404. Detail 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. Contracting authority for the National Reconnaissance Office.
Sec. 502. Role of Director of Central Intelligence in experimental personnel
program for certain scientific and technical personnel.
Sec. 503. Measurement and signature intelligence.
TITLE VI—COUNTERINTELLIGENCE MATTERS
Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign Intelligence Sur-
veillance Act of 1978.
Sec. 603. Orders for physical searches under the Foreign Intelligence Surveil-
lance Act of 1978.
Sec. 604. Disclosure of information acquired under the Foreign Intelligence
Surveillance Act of 1978 for law enforcement purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau of Inves-
tigation.
Sec. 606. Enhancing protection of national security at the Department of Jus-
tice.
Sec. 607. Coordination requirements relating to the prosecution of cases involv-
ing classified information.
Sec. 608. Severability.
TITLE VII—DECLASSIFICATION OF INFORMATION
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Public Interest Declassification Board.
Sec. 704. Identification, collection, and review for declassification of informa-
tion of archival value or extraordinary public interest.
Sec. 705. Protection of national security information and other information.
Sec. 706. Standards and procedures.
Sec. 707. Judicial review.
Sec. 708. Funding.
Sec. 709. Definitions.
Sec. 710. Sunset.
TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE
IMPERIAL GOVERNMENT
Sec. 801. Short title.
Sec. 802. Designation.
Sec. 803. Requirement of disclosure of records.
Sec. 804. Expedited processing of requests for Japanese Imperial Government
records.
Sec. 805. Effective date.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 2001 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Depart-
ment of the Navy, and the Department of the Air
Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agen-
cy.
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 intel-
ligence 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 H.R. 4392 of the One Hun-
dred Sixth Congress (House Report 106–969).
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The Schedule of Authorizations shall be
made available to the Committees on Appropriations of
the Senate and House of Representatives and to the Presi-
dent. The President shall provide for suitable distribution
of the Schedule, or of appropriate portions of the Sched-
ule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the ap-
proval 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 intel-
ligence functions, except that the number of personnel em-
ployed in excess of the number authorized under such sec-
tion may not, for any element of the intelligence commu-
nity, exceed 2 percent of the number of civilian personnel
authorized under such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The
Director of Central Intelligence shall promptly notify the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intel-
ligence of the Senate whenever the Director exercises the
authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Community Manage-
ment Account of the Director of Central Intelligence for
fiscal year 2001 the sum of $163,231,000. Within such
amount, funds identified in the classified Schedule of Au-
thorizations referred to in section 102(a) for the Advanced
Research and Development Committee shall remain avail-
able until September 30, 2002.
(b) AUTHORIZED PERSONNEL LEVELS.—The ele-
ments within the Community Management Account of the
Director of Central Intelligence are authorized 313 full-
time personnel as of September 30, 2001. Personnel serv-
ing in such elements may be permanent employees of the
Community Management Account or personnel detailed
from other elements of the United States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In
addition to amounts authorized to be appropriated
for the Community Management Account by sub-
section (a), there are also authorized to be appro-
priated 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). Such additional
amounts shall remain available until September 30,
2002.
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b)
for elements of the Community Management Ac-
count as of September 30, 2001, there are hereby
authorized such additional personnel for such ele-
ments as of that date as are specified in the classi-
fied Schedule of Authorizations.
(d) REIMBURSEMENT.—Except as provided in section
113 of the National Security Act of 1947 (50 U.S.C.
404h), during fiscal year 2001, any officer or employee
of the United States or a member of the Armed Forces
who is detailed to the staff of the Community Management
Account from another element of the United States Gov-
ernment shall be detailed on a reimbursable basis, except
that any such officer, employee, or member may be de-
full authority over the operations of the National
Drug Intelligence Center.
SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF
CENTRAL INTELLIGENCE.
(a) LIMITATION ON DELEGATION OF AUTHORITY OF
DEPARTMENTS TO OBJECT
TO TRANSFERS.—Section
104(d)(2) of the National Security Act of 1947 (50 U.S.C.
403–4(d)(2)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(2) by redesignating subparagraphs (A), (B),
(C), (D), and (E) as clauses (i), (ii), (iii), (iv), and
(v), respectively;
(3) in clause (v), as so redesignated, by striking
‘‘the Secretary or head’’ and inserting ‘‘subject to
subparagraph (B), the Secretary or head’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(B)(i) Except as provided in clause (ii), the author-
ity to object to a transfer under subparagraph (A)(v) may
not be delegated by the Secretary or head of the depart-
ment involved.
‘‘(ii) With respect to the Department of Defense, the
authority to object to such a transfer may be delegated
by the Secretary of Defense, but only to the Deputy Sec-
retary of Defense.
‘‘(iii) An objection to a transfer under subparagraph
(A)(v) shall have no effect unless submitted to the Direc-
tor of Central Intelligence in writing.’’.
(b) LIMITATION ON DELEGATION OF DUTIES OF DI-
RECTOR OF CENTRAL INTELLIGENCE.—Section 104(d)(1)
of such Act (50 U.S.C. 403–4(d)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The Director may only delegate any duty or au-
thority given the Director under this subsection to the
Deputy Director of Central Intelligence for Community
Management.’’.
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Cen-
tral Intelligence Agency Retirement and Disability Fund
for fiscal year 2001 the sum of $216,000,000.
TITLE III—GENERAL
PROVISIONS
Subtitle A—Intelligence
Community
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts
as may be necessary for increases in such compensation
or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE
ACTIVITIES.
The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of
any intelligence activity which is not otherwise authorized
by the Constitution or the laws of the United States.
SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE
COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of
Central Intelligence should continue to direct that ele-
ments of the intelligence community, whenever compatible
with the national security interests of the United States
and consistent with operational and security concerns re-
lated to the conduct of intelligence activities, and where
fiscally sound, should competitively award contracts in a
manner that maximizes the procurement of products prop-
erly designated as having been made in the United States.
SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPA-
RATION ACT.
(a) IN GENERAL.—Title III of the National Security
Act of 1947 (50 U.S.C. 405 et seq.) is amended by insert-
ing 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 Separa-
tion 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 ap-
pointment 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 sub-
chapter 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 subpara-
graph (A).
‘‘(c) 
ESTABLISHMENT
OF
PROGRAM.—Notwith-
standing any other provision of law, the Director, in his
sole discretion, may establish a program under which em-
ployees 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 com-
pleted 20 years of service; or
‘‘(2) has at least 25 years of service,
may, pursuant to regulations promulgated under this sec-
tion, 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 Secu-
rity 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 sec-
tion 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 em-
ployee’s separation. An employee who receives separation
pay under this section on the basis of a separation occur-
ring 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 re-
quest 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 abili-
ties 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—
‘‘(3) to employees within such occupational
groups or geographic locations, or subject to such
other similar limitations or conditions, as the Direc-
tor may require.
‘‘(i) REGULATIONS.—Before an employee may be eli-
gible 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 re-
port describing the occupational groups or geo-
graphic locations, or other similar limitations or con-
ditions, 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 Rep-
resentatives and the Select Committee on Intel-
ligence of the Senate an annual report on the effec-
tiveness and costs of carrying out this section.
‘‘(k) REMITTANCE OF FUNDS.—In addition to any
other payment that is required to be made under sub-
chapter 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 amend-
ed 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 COL-
LECTION 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 Di-
rector may only delegate the authority granted by this sec-
tion 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 in-
serting after the item relating to section 115 the following
new item:
‘‘Sec. 116. Travel on any common carrier for certain intelligence collection per-
sonnel.’’.
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN
ESPIONAGE ON UNITED STATES TRADE SE-
CRETS.
Not later than 270 days after the date of the enact-
ment 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 IN-
TELLIGENCE COMMUNITY.
(a) IN GENERAL.—Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.), as amended by sec-
tion 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 Sec-
retary of Defense, establish and maintain in the intel-
ligence community an analytic capability with responsi-
bility 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 para-
graph (1) shall be known as the ‘POW/MIA analytic capa-
bility of the intelligence community’.
‘‘(b) UNACCOUNTED
FOR UNITED STATES
PER-
SONNEL.—In this section, the term ‘unaccounted for
United States personnel’ means the following:
‘‘(1) Any missing person (as that term is de-
fined 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 sec-
tion 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 IN-
TELLIGENCE 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 AC-
TIVITIES OF FEDERAL LAWS IMPLEMENTING INTER-
NATIONAL TREATIES AND AGREEMENTS
‘‘SEC. 1001. (a) IN GENERAL.—No Federal law en-
acted on or after the date of the enactment of the Intel-
ligence Authorization Act for Fiscal Year 2001 that imple-
ments a treaty or other international agreement shall be
construed as making unlawful an otherwise lawful and au-
thorized intelligence activity of the United States Govern-
ment 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 activ-
ity.
‘‘(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An
intelligence activity shall be treated as authorized for pur-
poses of subsection (a) if the intelligence activity is author-
ized by an appropriate official of the United States Gov-
ernment, 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 in-
serting 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 MATE-
RIALS BY THE DEPARTMENT OF STATE.
(a) CERTIFICATION REGARDING FULL COMPLIANCE
WITH REQUIREMENTS.—The Director of Central Intel-
ligence shall certify to the appropriate committees of Con-
gress whether or not each covered element of the Depart-
ment of State is in full compliance with all applicable di-
rectives 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 cov-
ered 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 compli-
ance 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 cer-
tifies under subsection (a) that the covered element in-
volved is in full compliance with the directives referred to
in that subsection.
(e) WAIVER
BY DIRECTOR
OF CENTRAL INTEL-
LIGENCE.—(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 cov-
ered 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 commit-
tees 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 re-
ferred to in subsection (a), including a schedule for
completion of such actions.
(D) The actions taken by the Director to pro-
tect any covered classified material to be handled,
retained, or stored by such element pending achieve-
ment of full compliance of such element with such
directives.
(f ) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Con-
gress’’ 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 Com-
partmented Information (SCI) level.
(3) The term ‘‘covered element of the Depart-
ment of State’’ means each element of the Depart-
ment of State that handles, retains, or stores cov-
ered classified material.
(4) The term ‘‘material’’ means any data, re-
gardless 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 Infor-
mation (SCI) level’’, in the case of classified mate-
rial, means a level of classification for information in
such material concerning or derived from intelligence
sources, methods, or analytical processes that re-
quires such information to be handled within formal
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 cen-
tury, 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
White House and the United States Capitol (re-
ferred 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 Na-
tion’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 Com-
mittee 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 pha-
lanx 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 Fed-
eral architectural policy, known as the ‘‘Guiding
Principles for Federal Architecture,’’ that rec-
ommends 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 Archi-
tecture further state that the ‘‘development of an of-
ficial 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 Build-
ing and International Trade Center; and
(B) the establishment of an academic insti-
tution along the Avenue, namely the Woodrow
Wilson International Center for Scholars, a liv-
ing memorial to President Wilson; and
(6) as Senator Moynihan’s service in the Senate
concludes, it is appropriate to commemorate his leg-
acy 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 des-
ignated 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, reg-
ulation, 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 Moy-
nihan Place.
(e) MARKERS.—The Administrator of General Serv-
ices shall erect appropriate gateways or other markers in
Daniel Patrick Moynihan Place so denoting that place.
Subtitle 
B—Diplomatic 
Tele-
communications 
Service 
Pro-
gram Office (DTS-PO)
SEC. 
321. 
REORGANIZATION 
OF 
DIPLOMATIC 
TELE-
COMMUNICATIONS SERVICE PROGRAM OF-
FICE.
(a) REORGANIZATION.—Effective 60 days after the
date of the enactment of this Act, the Diplomatic Tele-
communications Service Program Office (DTS-PO) estab-
lished 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 pur-
pose and duties of DTS-PO shall be to carry out a pro-
gram for the establishment and maintenance of a diplo-
matic 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 Govern-
ment agencies and departments at diplomatic facilities
abroad, including national security needs for secure, reli-
able, and robust communications capabilities.
SEC. 322. PERSONNEL.
(a) ESTABLISHMENT OF POSITION OF CHIEF EXECU-
TIVE OFFICER.—
(1) IN GENERAL.—Effective 60 days after the
date of the enactment of this Act, there is estab-
lished 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 tele-
communications industry for at least 7
years;
(iii) has an extensive background in
communications system design, mainte-
nance, and support and a background in
organizational management; and
(iv) submits to a background inves-
tigation and possesses the necessary quali-
fications to obtain a security clearance re-
quired 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 appoint-
ment under this subsection shall be made
not later than May 1, 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 as-
sumes such position.
(iii) MAY NOT BE AN OFFICER OR EM-
PLOYEE 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 pre-
ceding 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 Manage-
ment and Budget may designate an officer or em-
ployee of DTS-PO to perform the duties of the posi-
tion as the acting CEO.
(6) AUTHORITIES AND DUTIES.—
(A) IN GENERAL.—The CEO shall have re-
sponsibility for day-to-day management and op-
erations 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 manage-
ment 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
SECU-
RITY.—The CEO shall certify to the appro-
priate congressional committees that the oper-
ational and communications security require-
ments and practices of DTS conform to the
highest security requirements and practices re-
quired by any agency utilizing the DTS.
(D) REPORTS TO CONGRESS.—
(i) SEMIANNUAL
REPORTS.—Begin-
ning on August 1, 2001, and every 6
months thereafter, the CEO shall submit
to the appropriate congressional commit-
tees 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 ad-
ministrative, 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 cur-
rently 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 EX-
ECUTIVE OFFICER.—
(1) IN GENERAL.—There shall be two Deputy
Executive Officers of the Diplomatic Telecommuni-
cations 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 appoint-
ment of a CEO pursuant to subsection (a), the positions
of Director and Deputy Director of DTS-PO shall termi-
nate.
(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 relat-
ing to classification and General Schedule pay rates.
(3) AUTHORITY OF DIRECTOR OF OMB TO PRE-
SCRIBE PAY OF EMPLOYEES.—The Director of the
Office of Management and Budget shall prescribe
the rates of basic pay for positions to which employ-
ees 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 per-
forming services on behalf of DTS-PO prior to the
effective date of the reorganization under this sub-
title 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 Over-
sight Board (hereinafter in this subtitle referred to
as the ‘‘Board’’) as an instrumentality of the United
States with the powers and authorities herein pro-
vided.
(2) STATUS.—The Board shall oversee and
monitor the operations of DTS-PO and shall be ac-
countable 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 ap-
pointed 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 de-
cisions of the Board shall require a majority
vote.
(4) PROHIBITION
ON
COMPENSATION.—Mem-
bers of the Board may not receive additional pay, al-
lowances, 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 strate-
gies, policies, and goals established by DTS-PO
for its activities.
(B) To review and approve financial plans,
budgets, and periodic financing requests devel-
oped 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 ap-
proved budget plans.
(D) To require from DTS-PO any reports,
documents, and records the Board considers
necessary to carry out its oversight responsibil-
ities.
(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 ac-
tions 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 Author-
ization 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 com-
mittees of jurisdiction a report which includes the fol-
lowing 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 responsibil-
ities.
(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 tech-
nology.
(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 notifica-
tion 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 juris-
diction’’ means the Committee on Appropriations, the
Committee on Foreign Relations, and the Select Com-
mittee on Intelligence of the Senate and the Committee
on Appropriations, the Committee on International Rela-
tions, and the Permanent Select Committee on Intel-
ligence of the House of Representatives.
(e) STATUTORY CONSTRUCTION.—Nothing in this
subtitle shall be construed to negate or to reduce the stat-
utory 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 man-
agement, oversight, and security requirements of this sub-
title.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE
AGENCY’S CENTRAL SERVICES PROGRAM.
(a) DEPOSITS IN CENTRAL SERVICES WORKING CAP-
ITAL FUND.—Subsection (c)(2) of section 21 of the Cen-
tral Intelligence Agency Act of 1949 (50 U.S.C.
403u(c)(2)) is amended—
propriate actions in advance to ensure that delegation of
such responsibility is clearly established in the event the
Attorney General is disabled or otherwise unavailable to
make such determination.
‘‘(B) Notice with respect to an application under sub-
paragraph (A) shall set forth the modifications, if any, of
the application that are necessary in order for the Attor-
ney General to approve the application under the second
sentence of subsection (a) for purposes of making the ap-
plication under this section.
‘‘(C) Upon review of any modifications of an applica-
tion set forth under subparagraph (B), the official notified
of the modifications under this paragraph shall modify the
application if such official determines that such modifica-
tion is warranted. Such official shall supervise the making
of any modification under this subparagraph. Except when
disabled or otherwise unavailable to supervise the making
of any modification under the preceding sentence, such of-
ficial may not delegate the responsibility to supervise the
making of any modification under that preceding sentence.
Each such official shall take appropriate actions in ad-
vance to ensure that delegation of such responsibility is
clearly established in the event such official is disabled or
otherwise unavailable to supervise the making of such
modification.’’.
106TH CONGRESS
2D SESSION
H. R. 5630
AN ACT
To authorize appropriations for fiscal year 2001 for
intelligence and intelligence-related activities of
the United States Government, the Community
Management Account, and the Central Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes.