H. R. 5630
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 Intelligence Agency Retirement and Disability System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence
Authorization Act for Fiscal Year 2001’’.
(b) TABLE OF CONTENTS.—The table of contents 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 intelligence
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 mate-
rials 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 program.
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Sec. 402. Technical corrections.
Sec. 403. Expansion of Inspector General actions requiring a report to Congress.
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 li-
ability insurance.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Role of Director of Central Intelligence in experimental personnel pro-
gram for certain scientific and technical personnel.
Sec. 502. Measurement and signature intelligence.
TITLE VI—COUNTERINTELLIGENCE MATTERS
Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign Intelligence Surveil-
lance Act of 1978.
Sec. 603. Orders for physical searches under the Foreign Intelligence Surveillance
Act of 1978.
Sec. 604. Disclosure of information acquired under the Foreign Intelligence Surveil-
lance Act of 1978 for law enforcement purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau of Investiga-
tion.
Sec. 606. Enhancing protection of national security at the Department of Justice.
Sec. 607. Coordination requirements relating to the prosecution of cases involving
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 information 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 Govern-
ment:
(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 Department 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.
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(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—
The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 2001,
for the conduct of the intelligence and intelligence-related activities
of the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on the bill H.R. 4392 of the One Hundred Sixth
Congress (House Report 106–969).
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—The Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House
of Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian per-
sonnel in excess of the number authorized for fiscal year 2001
under section 102 when the Director of Central Intelligence deter-
mines 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
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 Intelligence 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 Management Account of
the Director of Central Intelligence for fiscal year 2001 the sum
of $163,231,000. Within such amount, funds identified in the classi-
fied Schedule of Authorizations referred to in section 102(a) for
the Advanced Research and Development Committee shall remain
available until September 30, 2002.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Community Management Account of the Director of Central Intel-
ligence are authorized 313 full-time personnel as of September
30, 2001. Personnel serving 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 subsection (a), there are also author-
ized to be appropriated for the Community Management
Account for fiscal year 2001 such additional amounts as are
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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 addition to the per-
sonnel authorized by subsection (b) for elements of the Commu-
nity 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 detailed to the staff of the Community
Management Account from another element of the United States
Government shall be detailed on a reimbursable basis, except that
any such officer, employee, or member may be detailed on a non-
reimbursable basis for a period of less than 1 year for the perform-
ance of temporary functions as required by the Director of Central
Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated in subsection (a), $34,100,000 shall be available for
the National Drug Intelligence Center. Within such amount,
funds provided for research, development, test, and evaluation
purposes shall remain available until September 30, 2002, and
funds provided for procurement purposes shall remain available
until September 30, 2003.
(2) TRANSFER OF FUNDS.—The Director of Central Intel-
ligence 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 National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
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 Secu-
rity 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 Sec-
retary or head’’ and inserting ‘‘subject to subparagraph (B),
the Secretary or head’’; and
(4) by adding at the end the following new subparagraph:
‘‘(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 involved.