IB
Union Calendar No. 339
106TH CONGRESS
2D SESSION
H. R. 4392
[Report No. 106–620]
To authorize appropriations for fiscal year 2001 for intelligence and intel-
ligence-related activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence Agency Retire-
ment and Disability System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 8, 2000
Mr. GOSS introduced the following bill; which was referred to the Permanent
Select Committee on Intelligence
MAY 16, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 8, 2000]
A BILL
To authorize appropriations for fiscal year 2001 for intel-
ligence and intelligence-related activities of the United
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement
and Disability System, and for other purposes.
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 ‘‘In-
telligence 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. Intelligence 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
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. Authorization for travel on any common carrier for certain intelligence
collection personnel.
Sec. 305. Reports on acquisition of technology relating to weapons of mass de-
struction and advanced conventional munitions.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency’s central services program.
Sec. 402. Technical corrections.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Three-year extension of authority to engage in commercial activities as
security for intelligence collection activities.
Sec. 502. Contracting authority for the National Reconnaissance Office.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2001 for the conduct of the intelligence and intel-
ligence-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 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 bill H.R. 4392
of the One Hundred Sixth Congress.
(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 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 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 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 Di-
rector of Central Intelligence shall promptly notify the Per-
manent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of Central Intel-
ligence for fiscal year 2001 the sum of $144,231,000. Within
such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Ad-
vanced Research and Development Committee shall remain
available until September 30, 2002.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements
within the Intelligence Community Management Account of
the Director of Central Intelligence are authorized 356 full-
time personnel as of September 30, 2001. Personnel serving
in such elements may be permanent employees of the Intel-
ligence Community Management Account or personnel de-
tailed 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 Intelligence Community Management Account
by subsection (a), there are also authorized to be ap-
propriated for the Intelligence Community Manage-
ment Account for fiscal year 2001 such additional
amounts as are specified in the classified Schedule of
Authorizations referred to in section 102(a). Such ad-
ditional amounts shall remain available until Sep-
tember 30, 2002.
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for
elements of the Intelligence Community Management
Account 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 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 a member of the Armed Forces who is de-
tailed to the staff of the Intelligence Community Manage-
ment Account from another element of the United States
Government shall be detailed on a reimbursable basis, ex-
cept that any such officer, employee, or member may be de-
tailed on a nonreimbursable basis for a period of less than
one year for the performance of temporary functions as re-
quired by the Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to
be appropriated in subsection (a), $28,000,000 shall
be available for the National Drug Intelligence Cen-
ter. Within such amount, funds provided for research,
development, test, and evaluation purposes shall re-
main 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 Cen-
tral Intelligence shall transfer to the Attorney General
funds available for the National Drug Intelligence
Center under paragraph (1). The Attorney General
shall utilize funds so transferred for the activities of
the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the Na-
tional 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.
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 sub-
paragraph (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 authority
to object to a transfer under subparagraph (A)(v) may not
be delegated by the Secretary or head of the department in-
volved.
‘‘(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 Secretary
of Defense.
‘‘(iii) An objection to a transfer under subparagraph
(A)(v) shall have no effect unless submitted to the Director
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 Dep-
uty Director of Central Intelligence for Community Man-
agement.’’.
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 Central
Intelligence Agency Retirement and Disability Fund for fis-
cal 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. SENSE OF THE CONGRESS ON INTELLIGENCE
COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of Cen-
tral Intelligence should continue to direct that elements of
the intelligence community, whenever compatible with the
national security interests of the United States and con-
sistent with operational and security concerns related to the
conduct of intelligence activities, and where fiscally sound,
should competitively award contracts in a manner that
maximizes the procurement of products properly designated
as having been made in the United States.
SEC. 304. 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 that, in the
discretion of the Director, would by its use maintain or en-
hance the protection of sources or methods of intelligence
collection or maintain or enhance the security of personnel
of the intelligence community carrying out intelligence col-
lection activities.
‘‘(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 Direc-
tor for Operations.’’.
(b) CLERICAL AMENDMENT.—The table of contents for
the National Security Act of 1947 is amended by inserting
after the item relating to section 115 the following new item:
‘‘Sec. 116. Travel on any common carrier for certain intelligence collection per-
sonnel.’’.
SEC. 305. REPORTS ON ACQUISITION OF TECHNOLOGY RE-
LATING TO WEAPONS OF MASS DESTRUCTION
AND ADVANCED CONVENTIONAL MUNITIONS.
Section 721(a) of the Intelligence Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2366) (Public Law 104–293,
110 Stat. 3474) is amended—
(1) by striking ‘‘Not later than 6 months after
the date of the enactment of this Act, and every 6
months thereafter,’’ and inserting ‘‘Not later than
March 1, 2001, and every March 1 thereafter,’’; and
(2) in paragraph (1), by striking ‘‘6 months’’
and inserting ‘‘year’’.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE
AGENCY’S CENTRAL SERVICES PROGRAM.
Section 21(c)(2) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403u(c)(2)) is amended—
(1) by redesignating subparagraph (F) as sub-
paragraph (G); and
(2) by inserting after subparagraph (E) the fol-
lowing new subparagraph:
‘‘(F) Receipts from miscellaneous reimburse-
ments from individuals and receipts from the rental
of property and equipment to employees and
detailees.’’.
SEC. 402. TECHNICAL CORRECTIONS.
(a) REPORTING REQUIREMENT.—Section 17(d)(1) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)(1)) is amended—
(1) by adding ‘‘and’’ at the end of subparagraph
(D);
(2) by striking subparagraph (E); and
(3) by redesignating subparagraph (F) as sub-
paragraph (E).
(b) TERMINOLOGY WITH RESPECT TO GOVERNMENT
AGENCIES.—Section 17(e)(8) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403q(e)(8)) is amended by
striking ‘‘Federal’’ each place it appears and inserting
‘‘Government’’.
TITLE V—DEPARTMENT OF DE-
FENSE INTELLIGENCE ACTIVI-
TIES
SEC. 501. THREE-YEAR EXTENSION OF AUTHORITY TO EN-
GAGE IN COMMERCIAL ACTIVITIES AS SECU-
RITY FOR INTELLIGENCE COLLECTION AC-
TIVITIES.
Section 431(a) of title 10, United States Code, is
amended by striking ‘‘December 31, 2000’’ and inserting
‘‘December 31, 2003’’.
SEC. 502. CONTRACTING AUTHORITY FOR THE NATIONAL
RECONNAISSANCE OFFICE.
(a) IN GENERAL.—The National Reconnaissance Of-
fice (‘‘NRO’’) shall negotiate, write, and manage vehicle ac-
quisition or launch contracts that affect or bind the NRO
and to which the United States is a party.
(b) EFFECTIVE DATE.—This section shall apply to
any contract for NRO vehicle acquisition or launch, as de-
scribed in subsection (a), that is negotiated, written, or exe-
cuted after the date of the enactment of this Act.
(c) RETROACTIVITY.—This section shall not apply to
any contracts, as described in subsection (a), in effect as
of the date of the enactment of this Act.
Calendar No. 339
106TH CONGRESS
12T4d Session H. R. 4392
[Report No. 106–620]
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 Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes.
MAY 16, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed