SIGNING STATEMENT LETTER 4

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06230313
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 50
• Document Creation Date: December 28, 2022
• Document Release Date: June 26, 2018
• Case Number: F-2008-01274
• Publication Date: October 26, 2000

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ocA o - 0 3 5 ly
FN: s/OCA,
letter4 (26 Oct 200
Distribution:
Original - Addressee
1 - CMS
1 - EXDIR
1 - OGC
1 - DAC
1 - D/OCA
1 - Leg Chron
1 - OCA Chron
473
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1211C-006014
01 signing statement
(b)(3)
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(b)(3)
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Central Intelligence Agency
mstunstonm.c.msos
OCA 2000-1473.
31 October 2000
The Honorable Jacob J. Lew
Director
Office of Management and Budget
Washington, DC 20503
re Intelligence Authorization Act for FY 2.001
Dear Mr. Lew:
The Central Intelligence Agency (CIA) submits the
following comments for the President's consideration on the
above-referenced bill. CIA supports this bill and
recommends that the President sign it.
CIA concurs with the Department of Justice's comments
on Section 304 ("Leaks") of the enrolled bill. We believe
that the law as drafted is narrowly tailored to close an
existing statutory gap and that recent press accounts and
concerns expressed by members of Congress misunderstand the
intent and scope of this provision. Therefore we join with
DoJ and recommend that the President issue his signing
statement incorporating DoJ's language, forwarded to you
separately.
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we will propose corrective
coming year.
Thank you for. the opportunity to
this important piece of legislation.
legislation in the
express our views on
Sincerely,
John E. mcLaugniIn
Deputy Director of Central Intelligence
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CLASSIFICATION
EXECUTIVE CORRESPONDENCE ROUTING SHEET
1. CONTROL NUMBER: OCA 2 0 0 0 - 1 4 7 3
2. SUSPENSE DATE:10/ 3 0/ 0 0
3. SUBJECT:
CIA Comments for the President's Consideration on the FY 200
1 Intel Act
4. ORIGINATION OFFICE:
C/OCA)
5. DATE:
30 October 2000 (b)(3)
6. PURPOSE:
Comments to be submitted to OMB for the President's consideration.
7. SUMMARY:
8. COORDINATION:
Coordinated with DDCI
9. RECOMMENDATION:
DEXDIR sign the enclosed letter.
in draft
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FORM 4468
(b)(3)
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CLASSIFICATION
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REFERENCE
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Approved for Release: 2018/05/16 C06230313 ce,/
Central Intelligence Agency
Washington, D.C. 20505
The Honorable Jacob J. Lew
Director
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Lew:
00- Co '7 CI
OCA 00
14 March 2000
Consistent with Office of Management and Budget
Circular No. A-19 (revised), I am submitting our proposed
Intelligence Authorization Act for FY 2001 for your advice
as to whether it is in accordance with the President's
program. Ten copies of the bill are enclosed. Also, we
have reviewed this proposed legislation as required under
section 3 of Executive Order 12988 ("Civil Justice Reform")
and believe the bill satisfies the applicable standards in
subsections (a) and (b) of that section.
In order to ensure favorable action, we need to
transmit the enclosed bill to Congress immediately.
Accordingly, we ask for receipt of your advice as quickly as
possible.
Your cooperation is most appreciated.
Enclosures
cc: Mr. John D. Burnim
Ms. Margaret E. Evans
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The Honorable Jacob J. Lew
OCA
OCA 00-0167
Distribution:
(18 Feb 2000)
Original
1
- Address (w/att)
1
- Executive Registry
(w/att)
1
- D/OCA (w/o att)
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- EA/OCA (w/o att)
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- OCA Record (w/att)
1
- LEG Subject (w/att)
1
- CE Signer (w/o att)
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A BILL
To authorize appropriations for fiscal year 2001 for
intelligence and intelligence-related activities of the
United States Government 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, that this Act may be cited as the "Intelligence
Authorization Act for Fiscal Year 2001."
1 TITLE I -- INTELLIGENCE ACTIVITIES
2
3 SEC. 101. Authorization of Appropriations.
4 Funds are hereby authorized to be appropriated for
5 fiscal year 2001 for the conduct of the intelligence and
6 intelligence-related activities of the following elements of
7 the United States Government:
8
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 Department of the Army, the Department
14 of the Navy, and the Department of the Air
15 Force.
16 (6) The Department of State.
17 (7) The Department of the Treasury.
Page 1
Bill Text
Intelligence Authorization Act, FY 2001
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( 8 ) The Department of Energy.
2 (9) The Federal Bureau of Investigation.
3 (10) The National Reconnaissance Office.
4 (11) The National Imagery and Mapping Agency.
5
6 SEC. 102. Classified Schedule of Authorizations.
7 (a) Specifications of Amounts and Personnel
8 Ceilings.--The amounts authorized to be appropriated under
9 section 101, and the authorized personnel ceilings as of
10 September 30, 2001, for the conduct of the intelligence and
11 intelligence-related activities of the elements listed in
12 such section, are those specified in the classified Schedule
13 of Authorizations prepared to accompany the conference
14 report on the bill of the One Hundred and Sixth
15 Congress.
16
17 (b) Availability of Classified Schedule of
18 Authorizations.--The Schedule of Authorizations shall be
19 made available to the Committees on Appropriations of the
20 Senate and House of Representatives and to the President.
21 The President shall provide for suitable distribution of
22 the Schedule, or of appropriate portions of the Schedule,
23 within the Executive Branch.
Bill Text
Page 2 Intelligence Authorization Act, FY 2001
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1 SEC. 103. Personnel Ceiling Adjustments.
2 (a) Authority for Adjustments.-- With the approval of
3 the Director of the Office of Management and Budget, the
4 Director of Central Intelligence may authorize employment
5 of civilian personnel in excess of the number authorized
6 for fiscal year 2001 under section 102 when the Director of
7 Central Intelligence determines that such action is
8 necessary to the performance of important intelligence
9 functions, except that the number of personnel employed in
10 excess of the number authorized under such section may not,
11 for any element of the Intelligence Community, exceed two
12 percent of the number of civilian personnel authorized
13 under such section for such element.
14
15 (b) Notice to Intelligence Committees.--The Director
16 of Central Intelligence shall promptly notify the Permanent
17 Select Committee on Intelligence of the House of
18 Representatives and the Select Committee on Intelligence of
19 the Senate whenever he exercises the authority granted by
20 this section.
21
22 SEC. 104. Community Management Account.
23 (a) Authorization of Appropriations.--There is
24 authorized to be appropriated for the Community Management
25 Account of the Director of Central Intelligence for fiscal
26 year 2001 the sum of $ Within such amount,
Bill Text
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1 funds identified in the classified Schedule of
2 Authorizations referred to in section 102(a) for the
3 Advanced Research and Development Committee shall remain
available until September 30, 2001.
5
6 (b) Authorized Personnel Levels.--The elements within
7 the Community Management Account of the Director of Central
8 Intelligence are authorized a total of full-time
9 personnel as of September 30, 2001. Personnel serving in
10 such elements may be permanent employees of the Community
11 Management Account element or personnel detailed from other
12 elements of the United States Government.
13
14 (c) Classified Authorizations.--(1) Authorization of
15 Appropriations.--In addition to amounts authorized to be
16 appropriated for the Community Management Account by
17 subsection (a), there is also authorized to be appropriated
18 for the Community Management Account for fiscal year 2001
19 such additional amounts as are specified in the classified
20 Schedule of Authorizations referred to in section 102(a).
21
22 (2) Authorization of Personnel.--In addition to the
23 personnel authorized by subsection (b) for elements of the
24 Community Management Account as of September 30, 2001,
25 there is hereby authorized such additional personnel for
Bill Text
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1 such elements as of that date as is specified in the
2 classified Schedule of Authorizations.
3
4 (d) Reimbursement.--Except as provided in section 113
5 of the National Security Act of 1947, during fiscal
6 year 2001, any officer or employee of the United States or
7 member of the Armed Forces who is detailed to the staff of
8 an element within the Community Management Account from
9 another element of the United States Government shall be
10 detailed on a reimbursable basis, except that any such
11 officer, employee or member may be detailed on a
12 nonreimbursable basis for a period of less than one year
13 for the performance of temporary functions as required by
14 the Director of Central Intelligence.
15
16 (e) National Drug Intelligence Center.--
17
18 (1) In General.--Of the amount authorized to be
19 appropriated in subsection (a), $ shall be
20 available for the National Drug Intelligence Center. Within
21 such amount, funds provided for research, development, test,
22 and evaluation purposes shall remain available until
23 September 30, 2002, and funds provided for procurement
24 purposes shall remain available until September 30, 2003.
25
Bill Text
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1 (2) Transfer of Funds.--The Director of Central
2 Intelligence shall transfer to the Attorney General funds
3 available for the National Drug Intelligence Center under
4 paragraph (1). The Attorney General shall utilize funds so
5 transferred for the activities of the National Drug
6 Intelligence Center.
7
8 (3) Limitation.--Amounts available for the Center may
9 not be used in contravention of the provisions of section
10 103(d)(1) of the National Security Act of 1947 (50 U.S.C.
11 403-3(d)(1)).
12
13 (4) Authority.--Notwithstanding any other provision of
14 law, the Attorney General shall retain full authority over
15 the operations of the Center.
16
17 TITLE II -- CENTRAL INTELLIGENCE AGENCY
18 RETIREMENT AND DISABILITY SYSTEM
19
20 SEC. 201. Authorization of Appropriations.
21 There is authorized to be appropriated for the Central
22 Intelligence Agency Retirement and Disability Fund for
23 fiscal year 2001 the sum of
24
25 TITLE III--GENERAL PROVISIONS
Bill Text
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1
2 SEC. 301. Increase in Employee Compensation and Benefits
Authorized by Law.
4 Appropriations authorized by this Act for salary, pay,
5 retirement, and other benefits for federal employees may be
6 increased by such additional or supplemental amounts as may
7 be necessary for increases in such compensation or benefits
8 authorized by law.
9
10 SEC. 302. Restriction on Conduct of Intelligence
11 Activities.
12 The authorization of appropriations by this Act shall
13 not be deemed to constitute authority for the conduct of
14 any intelligence activity which is not otherwise authorized
15 by the Constitution or the laws of the United States.
16
17 SEC. 303. Unauthorized Disclosures of Classified
18 Information.
19
20 (a) Chapter 37 of Title 18, United States code is amended
21 by adding at the beginning thereof the following new
22 section:
23
24 "791. Unauthorized disclosures
25
Bill Text
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(a) whoever, being an officer or employee of the
2 United States, or a person with authorized access to
3 classified information, or a former or retired officer or
4 employee of the United States, willfully discloses, or
, 5 attempts to disclose, any classified information to a person
6 who is not an officer or employee of the United States and
7 who is not authorized to receive it shall be fined not more
8 than $10,000, or imprisoned not more than three years, or
9 both.
10
11 (b) As used in this section-
12
13 (i) the term "classified information" means
14 information or material designated and clearly marked or
15 represented, or that the person knows or has reason to
16 believe has been determined by appropriate authorities,
17 pursuant to the provisions of a statute or Executive Order,
18 as requiring protection against unauthorized disclosure for
19 reasons of national security.
20
21 (ii) the term "officer or employee of the United
22 States" means civil officers and employees (as defined in
23 sections 2104 and 2105 of Title 5) and officers and enlisted
� 24 members of the armed forces (as defined in section 1010 of
25 Title 10); and
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Bill Text
Intelligence Authorization Act, FY 2001
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1
2 (iii) the term "authorized" means having authority
3 or permission pursuant to the provisions of a statute,
4 Executive Order, regulation or directive of the head of any
5 department or agency who is empowered to classify
6 information, order of any United States court, or provisions
7 of any Rule of the House of Representatives or Resolution of
8 the Senate which governs release of classified information
9 by the respective House of Congress.
10
11 (c) Nothing in this section shall be construed to
12 establish criminal liability for disclosure of classified
13 information in accordance with applicable law to:
14
15 (i) any justice or judge of a court of the United
16 States established pursuant to Article III of the
17 Constitution of the United States; or
18
19 (ii) the Senate or House of Representatives, or
20 any committee or subcommittee thereof, or joint committee
21 thereof, or any member of Congress.
22
23 (d) Whoever provides information leading to the
24 identification of an officer or employee, who disclosed or
25 attempted to disclose classified information without
26 authorization in violation of this section, that results in
Bill Text
Page 9 Intelligence Authorization Act, FY 2001
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1 administrative, civil or criminal sanctions shall be awarded
2 the sum of $10,000."
3
4 (b) The table of contents of Chapter 37 of Title 18,
5 United States Code is amended to include the following
6 caption:
7
8 "791. Unauthorized disclosures".
9
10 SEC. 304. Foreign Cooperative Agreements.
11 For fiscal year 2001 and hereafter, whenever the
12 Federal Bureau of Investigation participates in a
13 cooperative project with a friendly foreign country on a
14 cost-sharing basis, any contributions received by the
15 Federal Bureau of Investigation from that foreign country to
16 meet its share of the project may be credited to appropriate
17 appropriations available to the Federal Bureau of
18 Investigation, as determined by the Director of the Federal
19 Bureau of Investigation. The amount of a contribution
20 credited to an appropriation account pursuant to this
21 authority shall be available only for payment of the share
22 of the project expenses allocated to the participating
23 foreign country.
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Bill Text
Intelligence Authorization Act, FY 2001
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1
2 SEC. 305. Assertion of state secrets privilege over
3 Intelligence Community Information.
4 Section 103 of the National Security Act of 1947
5 (50 U.S.C. 401-3) is amended
6
7 (1) by renumbering subsection 103(c)(7) to subsection
8 "103(c)(8)"; and
9
10 (2) creating new subsection 103(c)(7): "have the
11 authority to assert the state secrets privilege over
12 information revealing intelligence activities, or
13 intelligence sources and methods, regardless of the
14 intelligence community element conducting the activity or
15 originating the information."
16
17 SEC. 306. Application of Sanctions Laws to Intelligence
18 Activities.
19 Section 905 of the National Security Act of 1947
20 (50 U.S.C. 441d) is amended by striking out "January 6,
21 2000" and inserting in lieu thereof "January 6, 2003".
Bill Text
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1
2 SEC. 307. Reports on Acquisition of Technology Relating to
3 Weapons of Mass Destruction and Advanced
4 Conventional Munitions.
5 Section 721(a) of the Intelligence Authorization Act
6 for Fiscal Year 1997 (50 U.S.C. 2366) (Public Law 104-293,
7 110 Stat. 3474) is amended-
8
9 (1) by striking "Not later than 6 months after the date
10 of the enactment of this Act, and every 6 months
11 thereafter" and inserting "Not later than March 1,
12 2001, and every 12 months thereafter,"; and
13
14 (2) in paragraph (1), by striking "6 months" and
15 inserting "calendar year".
16
17 SEC. 308. Application of United States Law Implementing
18 Certain International Legal Instruments to
19 United States Government Activities.
20
21 The National Security Act of 1947 (50 U.S.C. 401 et
22 seq.) is amended by adding at the end the following:
23 "Title X--Application of United States Law Implementing
24 Certain International Legal Instruments to United States
25 Government Activities.
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Bill Text
Intelligence Authorization Act, FY 2001
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1
2 SEC. 1001. Unless expressly provided to the contrary,
3 no United States law enacted after the date of enactment of
4 this section that implements a treaty or other international
5 agreement shall be construed as making unlawful the
6 otherwise lawful and authorized intelligence activities of
7 the United States Government or its employees, or other
8 persons acting at their direction to the extent such persons
9 are carrying out such activities on behalf of the United
10 States. Activities are lawful and authorized within the
11 meaning of this section if they are authorized by
12 appropriate officials of the United States Government,
13 acting within the scope of their official duties and in
14 compliance with other United States laws and any applicable
15 presidential directives, and such authorization is reflected
16 in the records of the appropriate department or agency."
17
18 Sec. 309. PLACEHOLDER
19
20 TITLE IV--CENTRAL INTELLIGENCE AGENCY
21
22 SEC. 401. Technical Corrections.
23 Section 17(d)(1)(E) of the Central Intelligence Agency
24 Act of 1949 (50 U.S.C. section 403q(d)(1)(E)) is struck in
25 its entirety, and current section 403q(d)(1)(F) is
26 renumerated as section 403q(d)(1)(E) accordingly.
Bill Text
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1
2 Section 17(e)(5)(B) of the Central Intelligence Agency
3 Act of 1949 (50 U.S.C. section 403q(e)(5)(B)) is .mended by
4 striking "Government" and inserting in lieu thereof
5 "Federal".
6
7 Section 17(e)(5)(E) of the Central Intelligence Agency Act
8 of 1949 (50 U.S.C. section 403q(e)(5)(E)) is struck in its
9 entirety, and a new section 403q(d)(1)(F) is inserted "a
10 report on the Inspector General's exercise of his subpoena
11 authority during the preceding six months."
12
13 SEC. 402. Land Purchases.
14 During the current fiscal year and thereafter, funds
15 appropriated for construction projects and land purchases of
16 the Central Intelligence Agency, which are transferred to
17 another Agency for execution, shall remain available until
18 expended.
19
20 SEC. 403. Designation of Additional Employees Eligible for
21 Reimbursement for Professional Liability
22 Insurance.
23 The Director of Central Intelligence may designate
24 additional categories of qualified employees eligible for
25 reimbursement for up to one-half of the cost of professional
Bill Text
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1 liability insurance, beyond those authorized in Public Law
2 104-208, note preceding 5 U.S.C. 5941.
3
4 SEC. 404. Modifications to Central Intelligence Agency's
5 Central Services Program.
6 Section 21 of the Central Intelligence Agency Act of
7 1949 (50 U.S.C. 403u) is amended:
8
9 (1) by striking the text of paragraph (b)(2) and
10 inserting, "The Director shall notify the Director of the
11 Office of Management and Budget in advance of the
12 designation of elements and the specification of items and
13 services under paragraph (1).";
14
15 (2) by re-designating subparagraph (c)(2)(F) to
16 subparagraph (G);
17
18 (3) by inserting after (c)(2)(E), as amended, the
19 following new subparagraph (F): "(F) Receipts from utility
20 and meal reimbursements from individuals and cash receipts
21 from the rental of property and equipment to employees and
22 detailees.";
23
24 (4) in subsection (d), by striking "by" after
25 "advance" and inserting "in a notification provided by the
Bill Text
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1 Director of Central Intelligence to" before "the Director of
2 the Office of Managemnt and Budget";
3
4 (5) in subparagraph (f)(2)(8), by striking all that
5 follows "specified in subparagraph (A)" and inserting
6 "unless the Director submits notice of the proposed
7 expenditure to the Director of the Office of Management and
8 Budget, the Permanent Select Committee on Intelligence of
9 the House of Representatives, and the Select Committee on
10 Intelligence of the Senate.";
11
12 (6) in paragraph (g)(2), by striking "The Director of
13 the Office of Management and Budget shall determine the form
14 and content of annual audits under paragraph (1). Such
15 audits" and inserting "The annual audits under paragraph
16 (1)"; and
17
18 (7) in paragraph (h)(1), by striking out "2002" and
19 inserting "2005".
20
21 (8) Creates a new paragraph (i) "The Central
22 Intelligence Agency may request the Secretary of the
23 Treasury to invest excess moneys from the Agency's working
24 Capital Fund. Such investments shall be in public debt
25 securities with maturities suitable to the needs of the CIA
26 Central Services Program Working Capital Fund as determined
Bill Text
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1 by the Director, and bearing interest at rates determined by
2 the Secretary of the Treasury, taking into consideration
3 current market yields on outstanding marketable obligations
4 of the United States of comparable maturities."
5
6 SEC. 405. Details to NRO
7 Section 5 of the CIA Act is amended to add a new
8 subsection 4 and the remaining subsections are numbered
9 accordingly.
10 "The Director of Central Intelligence may detail
11 personnel of the Central Intelligence Agency indefinitely to
12 the National Reconnaissance Office without regard to any
13 limitation on the duration of interagency details of Federal
14 government personnel and may hire personnel for purpose of
15 such details:"
16
17 TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
18
19 SEC. 501. Operation Of Nuclear Test Monitoring Equipment
20 (a) IN GENERAL. -Subchapter II of chapter 138, title
21 50, United States Code, is amended by adding at the end the
22 following new section:
23
24 11523501. Nuclear test monitoring equipment
25
Bill Text
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1 (a) AUTHORITY TO ACCEPT FUNDING. - The Secretary of
2 Defense, or a designee authorized in subsection (d), may
3 accept funds, services and property from a foreign
4 government, an international organization, or other entity,
5 for development, procurement, installation, operation,
6 including communications, repair and maintenance of nuclear
7 weapons test explosion monitoring equipment for operation on
8 U.S. territory, foreign soil, including Antarctica, or in
9 foreign or international waters. Funds accepted under this
10 section shall be placed in an account established by the
11 Department for such purposes and shall be available to
12 officials in the Department of Defense authorized by the
13 Secretary of Defense, or a designee authorized in
14 subsection (d), for contracts, grants, or other procurement
15 instruments. Any funds placed in the account established
16 under this subsection shall remain available until expended
17 for the purposes specified in this subsection.
18
19 (b) AUTHORITY TO CONVEY MONITORING EQUIPMENT. - Subject
20 to subsection (c), in order to satisfy U.S. monitoring
21 requirements, the Secretary, or a designee authorized in
22 subsection (d), may provide or convey to a foreign
23 government or international organization, for nuclear
24 weapons test explosion monitoring purposes, monitoring and
25 associated equipment and may install such equipment on
26 foreign territory or in international waters.
Bill Text
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1
2 (c) CONDITIONS OF TRANSFER. - Any nuclear weapons test
3 monitoring equipment provided or conveyed under the
4 authority of subsection (b) shall be accompanied by an
5 international agreement in which the recipient of the
6 monitoring equipment agrees to provide the Secretary, or a
7 designee, timely access to data produced, collected or
generated by the equipment and access to the equipment for
9 purposes of inspecting, testing, maintaining, repairing, or
10 replacing the equipment. The Secretary, pursuant to such
11 agreement, may take such measures as are necessary for the
12 United States requirements to inspect, test, maintain,
13 repair, or replace the monitoring equipment.
14
15 (d) DELEGATION. - The Secretary may delegate the
16 authority under subsections (a) and (b) to the Secretary of
17 the Air Force and the Under Secretary of Defense for
18 Acquisition, Technology, & Logistics who may delegate it";
19 and
20
21 (b) CLERICAL AMENDMENT. - The table of sections for
22 such subchapter II is amended by inserting after the item
23 relating to section 2350k, the following new item:
24
25 "23501 Nuclear test monitoring and associated equipment".
Bill Text
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1
SEC. 502. Authority To Engage In Commercial Activities As
3 Security For Intelligence Collection Activities..
4
5 (a) Section 431(a) of title 10, United States Code, is
6 amended by striking the words "No commercial activity may
7 be initiated pursuant to this subchapter after December 31,
8 2000."
9
10 SEC. 503. National Imagery And Mapping Agency Personnel
11 Management Program For Intelligence Personnel.
12
13 (a) In General. Chapter 22 of title 10 of the United
14 States Code is amended by inserting after section 444 the
15 following new section:
16
17 "SEC. 445 National Imagery and Mapping Agency Personnel
18 Management Program For Intelligence Personnel.
19 The Director of the National Imagery and Mapping Agency
20 may appoint up to 25 employees to positions as defined in
21 sections 1606 or 1607 of title. 10, United States Code, and
22 may prescribe the rates of basic pay for these employees at
23 such rates as he determines necessary, notwithstanding any
24 provision of title 5 of the United States Code governing the
25 rates of pay or classification of employees in the executive
26 branch. Appointments made pursuant to this section shall be
Bill Text
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1. above and beyond any other allocation of DISES or DISL
2 appointments made pursuant to sections 1606 or 1607 of title
3 10, United States Code."
4
5 (b) Clerical Amendment. The table of sections at the
6 beginning of Chapter 22 is amended by inserting after' the
7 item relating to section 444 the following:
8
9 "445. National Imagery and Mapping Agency Personnel
10 Management Program For Intelligence Personnel."
11
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INTELLIGENCE AUTHORIZATION ACT
FISCAL. YEAR 2001
SECTION-BY-SECTION ANALYSIS
AND EXPLANATION
TITLE I
INTELLIGENCE ACTIVITIES
Section 101 lists departments, agencies, and other
elements of the United States Government for whose
intelligence and intelligence-related activities the Act
authorizes appropriations for fiscal year 2001.
Section 102 makes clear that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and personnel ceilings for
the entities listed in section 101 for fiscal year 2001 are
contained in a classified Schedule of Authorizations. The
Schedule of Authorizations is incorporated as to section 101
by section 102.
Section 103 authorizes the Director of Central
Intelligence, with the approval of the Director of the
Office of Management and Budget, in fiscal year 2001 to
exceed the personnel ceilings applicable to the components
of the Intelligence Community under section 102 by an amount
not to exceed 2 percent of the total of the ceilings
applicable under section 102. The Director may exercise
this authority only when necessary to the performance of
important intelligence functions or to the maintenance of a
stable personnel force, and any exercise of this authority
must be reported to the two intelligence committees of the
Congress.
Section 104 provides certain details concerning the
amount and composition of the Community Management Account
(CMA) of the Director of Central Intelligence.
Subsection (a) authorizes appropriations in the amount
of $ for fiscal year 2001 for the staffing and
administration of various components under the CMA.
Subsection (a) also authorizes funds identified for the
Advanced Research and Development Committee to remain
available for two years.
Subsection (b) authorizes a total of full-
time personnel for elements within the CMA for fiscal year
2001 and provides that such personnel may be permanent
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employees of the CMA element or detailed from
of the United States Government.
Subsection (c)
portion of the CMA.
Subsection (d)
other elements
explicitly authorizes the classified
requires that personnel be detailed on a
reimbursable basis, with certain exceptions.
Subsection (e) authorizes $ of the amount
authorized for the CMA under subsection (a) to be made
available for the National Drug Intelligence Center (NDIC)
in Johnstown, Pennsylvania. Subsection (e) requires the
Director of Central Intelligence to transfer $ to
the Department of Justice to be used for NDIC activities
under the authority of the Attorney General, and subject to
section 103(d)(1) of the National Security Act.
TITLE II
CENTRAL INTELLIGENCE AGENCY
. RETIREMENT AND DISABILITY SYSTEM
Authorization of Appropriations
Section 201 authorizes appropriations in the amount of
for fiscal year 2001 for the Central
Intelligence Agency Retirement and Disability Fund.
TITLE III
GENERAL PROVISIONS
5ection 301 provides that appropriations authorized by
the conference report 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.
Section 302 provides that the authorization of
appropriations by the conference report shall not be deemed
to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the
Constitution or laws of the United States.
Section 303 creates a basis in law for prosecuting the
willful unauthorized disclosure of classified information to
a person not authorized to receive that information.
Currently there is no broadly applicable statute that
prohibits the unauthorized disclosure of classified
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information. Existing law is restrictive both in
information it applies to and burdens of proof. In
addition, this section creates a monetary award for an
individual who provides information which leads to the
sanction of an individual for an unauthorized disclosure.
This section is necessary due to a gap in existing law
for the unauthorized disclosure of classified information
that does not convert records or property (18 U.S.C. 641),
involve defense information (18 U.S.C. 793), aid a foreign
government (18 U.S.C. 794), disclose cryptographic
information (18 U.S.C. 798), or involve disclosure or
receipt of classified information to or by a foreign
government (50 U.S.C. 783).
Section 304 allows the Federal Bureau of Investigation
to credit to its appropriate appropriation contributions
received from a friendly foreign country under cost-sharing
cooperative projects. This authority would support joint
research and development and other cooperative efforts with
foreign law enforcement partners.
Section 305 allows the DCI to assert the state secrets
privilege over information reveling intelligence activities,
or intelligence sources and methods over the entire
Intelligence Community. This section is necessary to close
a gap in existing authorities and allow the DCI to protect
intelligence equities in those cases in which the
information is not solely within the control of the Agency,
but its release would damage intelligence activities,
sources or methods.
Section 306 extends until January 6, 2003 the authority
first granted by section 303 of the Intelligence
Authorization Act for Fiscal Year 1996 for the President to
delay the imposition of an economic, cultural, diplomatic,
or other sanction upon his determination that proceeding
with the sanction could compromise an ongoing criminal
investigation or an intelligence source or method. This
authority expired on January 6, 2000. There is a present
need for this authority in the event that immediately
imposing sanctions, without some delay, would seriously
jeopardize a criminal investigation or sources and methods
of intelligence collection.
Section 307 modifies the Fiscal Year 1997 Intelligence
Authorization Act requirement for a semiannual unclassified
Director of Central Intelligence report to Congress on
foreign countries' acquisition of dual-use and other
technology useful for developing or producing weapons of
mass destruction and advanced conventional munitions, and
trends in the acquisition of such technology by such
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countries. This section provides that the DCI must provide
an unclassified report on these matters annually. Given the
necessary and 'understandable limitations on what may be
included in unclassified reports on this subject, and after
having had the opportunity to review several of the
semiannual unclassified reports that have been submitted to
date, it is believed that annual unclassified reports would
be more robust, substantive, and informative to the public.
This change from a semiannual to an annual requirement is
made on the clear understanding and condition that the
appropriate Committees and Members of Congress will continue
to receive all appropriate intelligence briefings and other
intelligence information or materials regarding technology
acquisition related to the development, production, and/or
proliferation of weapons of mass destruction and advanced
conventional munitions, as well as other aspects of
proliferation and arms control.
Section 308 provides that U.S. law implementing
international conventions, treaties, and international
agreements would not apply to otherwise lawful official U.S.
government activities unless the U.S. law expressly provides
to the contrary. The provision is designed to preclude any
inadvertent constriction or prohibition of otherwise lawful
and approved U.S. government activities as a result of the
enactment into law of U.S. implementing legislation that was
not intended but nevertheless could be interpreted to apply
to -- and so to restrict or bar -- such activities. This
section in effect codifies a widely accepted rule of
construction or a 'rebuttable presumption' that U.S.
statutes implementing international conventions, treaties,
and international agreements do not limit or preclude
official U.S. government activities unless the implementing
U.S. law explicitly states the opposite. Congress, of
course, retains the authority and ability to overturn,
reverse, or rebut the 'presumption' in any particular case,
by legislating to that effect. This section merely affords
a procedural safeguard against unintentional and undesired,
self-imposed obstacles to or bars against otherwise lawful
official U.S. government activities.
Section 309 PLACEHOLDER
TITLE IV
CENTRAL INTELLIGENCE AGENCY
Section 401 provides several technical corrections to
the Central Intelligence Agency Act of 1949 to address
superseding legislation, conform language and streamline
reporting procedures. In 1997, Public Law 105-107 provided
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the CIA Inspector General with authority to issue subpoenas
for information relating to the performance of his duties
and responsibilities. However, that law failed to eliminate
the pre-existing requirement in 50 USC 403q(d)(1)(E) that
the Inspector General report semi-annually through the
Director to Congress all cases in which documentary evidence
could not be obtained by the Inspector General due to his
lack of subpoena authority. As the Inspector General now
has statutory subpoena authority, this provision is no
longer needed.
The proposed amendment to section 17(e)(5)(B) replacing
"Government" with "Federal" will conform this section with
similar language in the Inspector General Act of 1978 upon
which it was based and eliminate any ambiguity in
interpretation.
The grant of subpoena authority to the Inspector General in
Public Law 105-107 was accompanied, in section
403q(e)(5)(E), by a separate semi-annual reporting
requirement to the Congressional Intelligence Committees on
the exercise by the Inspector General of that subpoena
authority. However, pursuant to pre-existing section
403q(d)(1), the Inspector General submits semi-annual
reports to those Committees on the activities of his office.
The proposed technical correction would consolidate the
Inspector General's reporting requirements into one
comprehensive semi-annual report.
Section 402 is similar to a section 8104 of Pub. L.
103-139, Title VII, 107 Stat. 1463, enacted on 11 November
1993. Section 8104 extends the life of appropriated funds
transferred by the Agency to other government agencies for
the purpose of construction projects. Section 8104 converts
funds transferred by the Agency for construction projects
into "no-year" funds, making them available until expended.
The proposed amendment would provide similar treatment
for funds transferred by the Agency to other government
agencies for the purpose of purchasing land. The proposed
amendment is needed for the same reason section 8104 was
originally enacted, that is, the need to preserve the
availability of funds while often complex negotiations are
being carried out by the receiving agency responsible for
expending the transferred funds. During FY 1999, the Agency
lost the use of some appropriated funds transferred to
another government agency for the purchase of a small amount
of land next to one of the Agency's facilities because the
receiving agency did not obligate those funds within the
fiscal year. The proposed amendment will prevent such
losses in the future.
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Section 403 allows the Director of Central Intelligence
to designate categories in addition to those noted in Public
Law 104-208, note preceding 5 U.S.C. 5941, that would be
eligible to receive reimbursement for up to one-half of the
cost of purchasing professional liability insurance. This
section is necessary to allow the expenditure of
appropriated funds to reimburse employees for the purchase
of professional liability insurance who are at greater risk
of incurring costs associated with liability claims due to
their agency-specific functions, but are not covered by the
existing job categories.
Section 404 makes several changes to the Central
Intelligence Agency's Central Services Program. First,
section 21 of the CIA Act, would no longer require the DCI
to obtain the approval of the Director of the Office of
Management and Budget (OMB) before: designating the Agency
elements that will provide items or services under the
Program; specifying what items or services will be included;
specifying the total value of all orders or services to be
provided under the Program in any given fiscal year; or
expending amounts in the Central Services Program Working
Capital Fund that are attributable to certain fees imposed
and collected under the Program. The amendments in this Act
provide that the DCI instead must notify the Director of OMB
in advance of taking any of those actions (and leave
unchanged all the existing requirements for notification of
the Intelligence Committees). In the same vein, section 404
removes the provision empowering the Director of OMB to
determine the form and content of the mandated annual CIA
Inspector General audits of the Program. The statutory
Inspector General of the Central Intelligence Agency may be
relied on to ensure that a thorough and appropriate audit,
consistent with applicable Government accounting and fiscal
standards, is carried out.
Additionally, section 404 clarifies that the Central
Services Program Working Capital Fund may retain and use
receipts from utility and meal reimbursements from
individuals and cash receipts from the rental of property
and equipment to employees and detailees. This change would
allow the Central Services Program Working Capital Fund to
retain miscellaneous receipts that are paid directly to an
enterprise by an individual, thereby properly offsetting
costs incurred in the operation and maintenance of
enterprise facilities where the Government incurs costs
associated with those individuals. In addition, it fills a
gap in current law that allows retention of rents paid for
government-provided housing when that rent is collected by
payroll deduction to also encompass rents collected from
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individuals who are not Agency employees (and therefore not
subject to payroll deduction). (5 U.S.0 5911(c)).
This section also extends the program until March 31,
2005 and allows the Central Intelligence Agency to invest
money in excess of that received and retain the interest
earned from those investments. The additional funds will be
used to offset and reduce costs incurred by the consumer
offices.
Section 405
The staffing and administration of CIA personnel at NRO
has evolved over time as the NRO has evolved. This section
would allow CIA to detail employees to NRO on a permanent
basis, based on mission needs, in addition to sending
employees on temporary details. This proposal will provide
necessary flexibility in staffing NRO.
TITLE V
DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Section 501 provides new authority to the Secretary of
Defense, or to Department officials delegated by the
Secretary with this authority, to remedy problems that arise
with respect to the installation of nuclear test explosion
monitoring equipment as part of the International Monitoring
System of the Comprehensive Nuclear Test Ban Treaty and as
part of the United States Atomic Energy Detection System.
This provision would authorize the Department of
Defense to accept funds, services and property from the
international organization chartered to implement the
International Monitoring System of the Comprehensive Nuclear
Test Ban Treaty, in conjunction with the development,
procurement, installation, operation and maintenance of
nuclear test explosion monitoring equipment, and to expend
such funds for nuclear test explosion monitoring purposes,
without additional authority from the Congress. This
authority would extend to equipment provided or conveyed
pursuant to subsection (b) of the provision and equipment
that is to remain the property of the Untied States, whether
based within the United States or abroad. This authority
would permit the Secretary to take full advantage of
opportunities to receive contributions from an international
organization for instance to be used for the installation,
in whole or in part, of nuclear test explosion monitoring
equipment that meets United States requirements. This would
allow the Department to accept and expend funds, property,
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and services, for these purposes, in addition to that
authority contained in 10 USC 2608.
This provision would also authorize the Department of
Defense, in order to satisfy United States Government
requirements, to convey to a foreign government test
monitoring equipment installed on the territory of that
government. It is in the United States national security
interest to ensure the proper operation and maintenance of
the equipment. Conveyance of the title 10 to the equipment
is sometimes necessary to obtain the full cooperation of the
foreign government in this regard. The Secretary is
required to include in an international agreement that the
Department of Defense have continued access to the data and
equipment.
The provision would authorize the use of appropriated
funds to maintain and upgrade the equipment that has been
provided or conveyed to a foreign government. In order to
achieve the highest level of performance with respect to
these instruments, they must be maintained to the highest
standards. Moreover, to keep these instruments at the
highest standards as technology evolves, they must be
upgraded as required by the United States.
Section 502 amends section 431(a) of title 10 to
continue indefinitely current Department of Defene
authority to engage in commercial activities as security for
intelligence collection activities. This authority
currently expires on December 31, 2000.
Section 503 allows NIMA additional staffing flexibility
to meet the exigencies of the United States Imagery and
Geospatial Information System (USIGS). Appointments made
under this section would not count against NIMA's allocation
of DISES/DISL slots made by the Department of Defense. This
authority would be administered within the NIMA budget and
would have no positive or negative impact on future budget
projections.
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INTELLIGENCE AUTHORIZATION ACT
FISCAL YEAR 2001
COST ANALYSIS
TITLE I
INTELLIGENCE ACTIVITIES
SEC. 101. Fiscal year 2001 authorizations are
contained in the classified Schedule of Authorizations.
SEC. 102. Cost analysis not applicable.
BEC. 103. Cost contingent on exercise of permissive
authority.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
SEC. 104(a). The fiscal year 2001 authorization
provided by this subsection is $
SEC. 104(b).(d),(e). Cost analysis not applicable.
SEC. 104(c). Classified portion of fiscal year 2001
authorization is contained in the classified Schedule of
Authorizations.
TITLE II
CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
SEC. 201. The fiscal year 2001 authorization is
, TITLE III
GENERAL PROVISIONS
SEC. 301. Cost analysis not applicable.
SEC. 302. Cost analysis not applicable.
SEC. 303. The exact cost impact will depend on the
actual amounts appropriated (if any) and number of
prosecutions initiated and/or awards paid.
SEC. 304. This section should result in no extra cost.
SEC. 305. No cost implications
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SEC.
SEC.
SEC.
SEC.
SEC.
SEC.
306.
307.
308.
309.
308.
309.
No cost
No cost
No cost
implications.
implications.
implications.
PLACEHOLDER
No cost implications.
No cost implications.
TITLE IV
CENTRAL INTELLIGENCE AGENCY
SEC. 401. The proposed technical corrections have no
cost implications for the US Government.
SEC. 402. The proposal is not expected to have any
cost
implications for the US Government.
SEC. 403. The exact cost impact will depend on the
amounts appropriated (if any) for the categories of
employees designated by the Director of Central Intelligence
eligible to receive this reimbursement.
SEC. 404. This section should result in cost savings.
SEC. 405. - The exact cost impact will depend on the
amounts appropriated (if any) for the hiring and detail of
employees to the NRO.
SEC.
SEC.
SEC.
501.
502.
503.
No cost
No cost
No cost
TITLE V
implications
implications.
implications.
Cost Analysis
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INTELLIGENCE AUTHORIZATION ACT
.FISCAL YEAR 2001
CHANGES IN EXISTING LAW
NOTE: Where applicable, changes in existing law are
shown as follows: existing law in which no change
is proposed is shown in Roman; existing law
proposed to be struck is struck through; and new
material is underscored.
TITLE I -- INTELLIGENCE ACTIVITIES
Section 101:
Section 102:
Section 103:
Section 104:
No substantive change.
NO substantive change.
No substantive change.
No substantive change.
TITLE II -- CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 201: No substantive change.
TITLE III -- GENERAL PROVISIONS
Section 301: No substantive change.
Section 302: No substantive change.
Section 303: Amends Chapter 37 of Title 18 - Espionage
and Censorship - by adding the following new section 791:
"791. Unauthorized disclosures
(a) whoever, beina an officer or employee of the United
States, or a person with authorized access to classified
information, or a former or retired officer or employee of
the United States. willfully discloses, or attempts to
disclose, any classified information to a person who is not
an officer or employee of the United States and who is not
authorized to receive it shall be fined not more than
S10,000- or imprisoned not more than three years, or both.
(b) As used in this section�
Changes in the Existing Law
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(i) the term "classified information" means
information or material designated and clearly marked or
represented, or that the person knows or has reason to
believe has been determined by appropriate authorities.
pursuant to the provisions of a statute or Executive Order,
as requiring protection against unauthorized disclosure for
reasons of national security.
(ii) the term "officer or employee of the United
States" means civil officers and employees (as defined in
sections 2104 and 2105 of Title 5) and officers and enlisted
members of the armed forces (as defined in section 1010 of
Title 10); and
(iii) the term "authorized" means having authority
or permission pursuant to the provisions of a statute.
Executive Order. regulation or directive of the head of any
department or agency who is empowered to classify
information, order of any United States court, or provisions
of any Rule of the House of Representatives or Resolution of
the Senate which aoverns release of classified information by
the respective House of Congress.
(c) Nothina in this section shall be construed to
establish criminal liability for disclosure of classified
information in accordance with applicable law to:
(i) any justice or judge of a court of the United
States established pursuant to Article III of the
Constitution of the United States; or
(ii) the Senate or House of Representatives, or
any committee or subcommittee thereof, or joint committee
thereof, or any member of Congress.
(d) Whoever provides information leading to the
identification of an officer or employee, who disclosed or
attempted to disclose classified information without
authorization in violation of this section, that results in
administrative, civil or criminal sanctions shall be awarded
the sum of S10,000."
(b) The table of contents of Chapter 37 of Title 18,
United States Code is amended to include the following
caption:
"791. Unauthorized disclosures".
Section 304:
For fiscal year 2001 and hereafter, whenever the Federal
Bureau of Investiaation participates in a cooperative Project
Changes in the Existing Law
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with a friendly foreian country on a cost-sharina basis. any
contributions received by the Federal Bureau of Investigation
from that foreign country to meet its share of the project
may be credited to appropriate appropriations available to
the Federal Bureau of Investigation, as determined by the
Director of the Federal Bureau of Investiaation. The amount
of a contribution credited to an appropriation account
pursuant to this authority shall be available only for
payment of the share of the pro-ject expenses allocated to the
participatina foreian country. �
Section 305: Section 103(c) of the National Security
Act of 1947 is amended to read:
(c) Head of the Intelligence Community.�In the
Director's capacity as head of the intelligence community,
the Director shall�
(1) facilitate the development of an annual budget
for intelligence and intelligence-related activities of the
United States by�
(A) developing and presenting to the
President an annual budget for the National Foreign
Intelligence Program; and
(B) participating in the development by the
Secretary of Defense of the annual budgets for the Joint
Military Intelligence Program and the Tactical Intelligence
and Related Activities Program;
(2) establish the requirements and priorities to
govern the collection of national intelligence by elements of
the intelligence community;
(3) approve collection requirements, determine
collection priorities, and resolve conflicts in collection
priorities levied on national collection assets, except as
otherwise agreed with the Secretary of Defense pursuant to
the direction of the President;
(4) promote and evaluate the utility of national
intelligence to consumers within the Government;
(5) eliminate waste and unnecessary duplication
within the intelligence community;
(6) protect intelligence sources and methods from
unauthorized disclosure; and
(7) have the authority to assert the state secrets
Privileae over information revealina intelligence activities.
or intelligence sources and methods, regardless of the
intelligence community member conducting the activity or
originating the information.
-(-7)- (8) perform such other functions as the
President or the national Security Council may direct.
Section 306: Section 441D, Title 50 of the United States
Code, is amended to read:
Changes in the Existing Law
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"This subchapter shall cease to be effective on
ry C, January 6, 2003.".
Section 307: Section 721(a) of the Intelligence
Authorization Act for Fiscal Year 1997 (Public Law 104-293,
110 Stat. 3474) is amended to read:
"(a) REPORTS.-Not-leter-thart-6-menthe-a-f-ter-the-date-o4
the-enftetment-erf�th4e-Aet7-and-every-6-myfttits-thereaf-ter Not
later than March 1, 2001, and every 12 months thereafter, the
Director of Central Intelligence shall submit to Congress a
report on-
(1) the acquisition by foreign countries during the
preceding -6-nonths- calendar year of dual-use
and other technology useful for the development or
production of weapons of mass destruction
(including nuclear weapons, chemical weapons, and
biological weapons) and advanced conventional
munitions; and
(2) trends in the acquisition of such technology by
such countries.".
Section 308: Amends the National Security Act of 1947
(50 U.S.C. 401 et seq.) by adding the following at the end of
the Act:
"Title X--Application of United States Law Implementing
Certain International Legal Instruments to United States
Government Activities.
SEC. 1001. Unless expressly provided to the contrary,
no United States law enacted after the date of enactment of
this section that implements a treaty or other international
agreement shall be construed as making unlawful the otherwise
lawful and authorized intelligence activities of the United
5tates Government or its employees, or other persons acting
at their direction to the extent such persons are carrying
out such activities on behalf of the United States.
Activities are lawful and authorized within the meaning of
this section if they are authorized by appropriate officials
of the United States Government, acting within the scope of
their official duties and in compliance with other United
States laws and any applicable presidential directives, and
such authorization is reflected in the records of the
appropriate department or agency."
Section 309: PLACEHOLDER
Changes in the Existing Law
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TITLE IV - CENTRAL INTELLIGENCE AGENCY
Section 401: 50 USC 403q(d)(1)(E) is struck as follows:
"a description of all cases occurring during-the
reporting period where the Inspector General could not obtain
documentary evidence relevant inspection, audit
investigation due to his lack of authority to subpoena such
information, and"
50 U.S.C. 403q(e)(5)(B) is amended as follows:
"In the case of Government Federal agencies, the
Inspector General shall obtain information, documents,
reports, answers, records, accounts, papers and other data
and evidence for the purpose specified in subparagraph (A)
using procedures other than by subpoena."
50 U.S.C. 403q(e)(5)(E) is amended as follows and new
section 403q(d)(1)(F) added:
"Not later than January 31 and July 31 of each year, the
Inspector
Intelligence of the Scnate and the Permanent Oclect Committee
on Intelligence of the house of Representatives a report on
the Inspector General's exercise of authority under this
paragraph during the-preceding six months."
"section 403q(d)(1)(F)-a report on the Inspector
General's exercise of his subpoena authority during the
preceding six months."
Section 402:
During the current fiscal year and thereafter, funds
appropriated for construction projects and land purchases of
the Central Intelligence Agency, which are transferred to
another Agency for execution, shall remain available until
expended.
Section 403:
The Director of Central Intelligence may designate
additional categories of qualified employees eligible for
reimbursement for up to one-half of the cost of professional
liability insurance, beyond those authorized in Public Law.
104-208, note preceding 5 U.S.C. 5941.
Section 404: Amends section 21 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403u) to read:
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"(a) In General.�The Director may carry out a program
under which elements of the Agency provide items and services
on a reimbursable basis to other elements of the Agency,
nonappropriated fund entities or instrumentalities associated
or affiliated with the Agency, and other Government agencies.
The Director shall carry out the program in accordance with
the provisions of this section.
(b) Participation of Agency elements.�(1) In order to
carry out the program, the Director shall�
(A) designate the elements of the Agency that are
to provide items or services under the program (in this
section referred to as "central service providers");
(B) specify the items or services to be provided
under the program by such providers; and
(C) assign to such providers for purposes of the
program such inventories, equipment, and other assets
(including equipment on order) as the Director determines
necessary to permit such providers to provide items or
services under the program.
(2) The designation of elements and the spccification
of items and services under paragraph (1) shall be subject to
the approval of the Director of the Office of Management and
Budget. The Director shall notify the Director of the Office
of Management and Budget in advance of the designation of
elements and the specifications of items and services under
paragraph (1).
(c) Central Services working Capital Fund.�(1) There
is established a fund to be known as the Central Services
Working Capital Fund (in this section referred to as the
"Fund"). The purpose of the Fund is to provide sums for
activities under the program.
(2) There shall be deposited in the Fund the following:
(A) Amounts appropriated to the Fund.
(B) Amounts credited to the Fund from payments
received by central service providers under subsection (e).
(C) Fees imposed and collected under subsection
(D) Amounts received in payment for loss or damage
to equipment or other property of a central service provider
as a result of activities under the program.
(E) Other receipts from the sale or exchange of
equipment or property of a central service provider as a
result of activities under the program.
(F) Receipts from utility and meal reimbursements
from individuals and cash receipts from the rental of
Property and eauipment to employees and detailees.
(r) (G) Such other amounts as the director is
authorized to deposit in or transfer to the Fund.
(3) Amounts in the Fund shall be available, without
fiscal year limitation, for the following purposes:
(A) To pay the costs of providing items or services
under the program.
(f)(1).
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(B) To pay the costs of carrying out activities
under subsection (f)(2).
(d) Limitation on Amount of Orders.-The total value of
all orders for items or services to be provided under the
program in any fiscal year may not exceed an amount specified
in advance by-in a notification provided by the Director of
Central Intelligence to the Director of the Office of
Management and Budget.
(e) Payment for Items and Services.-(1) A Government
agency provided items or services under the program shall pay
the central service provider concerned for such items or
services an amount equal to the costs incurred by the
provider in providing such items or services plus any fee
imposed under subsection (f). In calculating such costs, the
Director shall take into account personnel costs (including
costs associated with salaries, annual leave, and workers'
compensation), plant and equipment costs (including
depreciation of plant and equipment), operation and
maintenance expenses, amortized costs, and other expenses.
(2) Payment for items or services under paragraph 91)
may take the form of an advanced payment by an agency from
appropriations available to such agency for the procurement
of such items or services.
(f) Fees.-(1) The Director may permit a central service
provider to impose and collect a fee with respect to the
provision of an item or service under the program. The
amount of the fee may not exceed an amount equal to four
percent of the payment received by the provider for the item
or service.
(2)(A) Subject to subparagraph (B), the Director may
obligate and expend amounts in the Fund that are attributable
to the fees imposed and collected under paragraph (1) to
acquire equipment or systems for, or to improve the equipment
or systems of central service providers and any elements of
the Agency that are not designated for participation in the
program in order to facilitate the designation of such
elements for future participation in the program.
(B) The Director may not expend amounts in the Fund for
purposes specified in subparagraph (A) in fiscal year 1998,
1999, or 2000 unless the Director
prior app
the-aff-i-ee-e-f-Menagement--enel-butigeti-ettel
'
cc or tne propos-c xp
the Permanent 3elect committee in Intelligence of the house
of Rcpreaentatives and the Select Committee on Intelligence
of the-Senate. Unless the Director submits notice of the
Proposed expenditure to the Director of the Office of
Management and Budget. the Permanent Select Committee on
Intelligence of the House of Representatives, and the Select
Committee on Intelligence of the Senate.
(g) Audit. -(1) Not later than December 31 each year,
the Inspector General of the Central Intelligence Agency
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shall conduct an audit of the activities under the program
during the preceding fiscal year.
(2) The Director of the Office of Managcment and Budget
shall determine the form and content of annual audits under
paragraph (1). Such audits The annual audits under paragraph
(1) shall include an itemized accounting of the items or
services provided, the costs associated with the items or
services provided, the payments and any fees received for the
items or services provided, and the agencies provided items
or services.
(3) Not later than 30 days after the completion of an
audit under paragraph (1), the Inspector General shall submit
a copy of the audit to the following:
(A) The Director of the Office of Management and
Budget.
(B) The Director of Central Intelligence.
(C) The Permanent Select Committee on Intelligence
of the House of Representatives.
(D) The Select Committee on Intelligence of the
Senate.
(h) Termination.�(1) The authority of the Director to
carry out the program Under this section shall terminate on
March 31, 2002 2005.
(2) Subject to paragraph (3), the Director of Central
Intelligence and the Director of the Office of Management and
Budget, acting jointly�
(A) may terminate the program under this section
and the Fund at any time; and
(B) upon such termination, shall provide for the
disposition of the personnel, assets, liabilities, grants,
contracts, property, records and unexpended balances of
appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made
available in connection with the program or the Fund.
(3) The Director of Central Intelligence and the
Director of the Office of Management and Budget may not
undertake any action under paragraph (2) until 60 days after
the date on which the Directors jointly submit notice of such
action to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.
,(i) The Central Intelligence Agency may request the
Secretary of the Treasury to invest excess moneys from the
Agency's Workina Capital Fund. Such investments shall be in
public debt securities with maturities suitable to the needs
of the CIA Central Services Program Working Cavital Fund as
determined by the Director, and bearing interest at rates
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
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Section 405 amends Section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.0 403f) as follows:
(a) In the performance of its functions, the Central
Intelligence Agency is authorized to:
(1) Transfer to and receive from other Government
agencies such sums as may be approved by the Office of
Management and Budget, for the performance of any of the
functions or activities authorized under subparagraphs (B)
and (C) of section 102(a)(2), subsections (c)(5) and (d) of
section 103, subsections (a) and (g) of section 104, and
section 303 of the National Security Act of 1947 (50 U.S.C.
403(a)(2), 403-3, 403-4, and 405), and any other Government
agency is authorized to transfer to or receive from the
Agency such sums without regard to any provisions of law
limiting or prohibiting transfers between appropriations.
Sums transferred to the Agency in accordance with this
paragraph may be expended for the purposes and under the
authority of this Act without regard to limitations of
appropriations from which transferred:
(2) Exchange funds without regard to section 3651
Revised Statutes (31 U.S.C. 543);
(3)Reimburse other Government agencies for services of
personnel assigned to the Agency, and such other Government
agencies are hereby authorized, without regard to provisions
of law to the contrary, so to assign or detail any officer or
employee for duty with the Agency;
(4) The Director of Central Intelligence may detail
Personnel of the Central Intelligence Aaencv indefinitely to
the National Reconnaissance Office without regard to any
limitation on the duration of interagency details of Federal
aovernment personnel and'may hire personnel for purpose of
such details.
(5) 44} Authorize personnel designated by the Director
to carry firearms to the extent necessary for the performance
of the Agency's authorized functions, except that, within the
United States, such authority shall be limited to the
purposes of protection of classified materials and
information, the training of Agency personnel and other
authorized persons in the use of firearms, the protection of
Agency installations .and property, and the protection of
Agency personnel and of defectors, their families, and other
persons in the United States under Agency auspices;
(6) +5+ Make alterations, improvements, and repairs on
premises rented by the Agency, and pay rent therefor;
(7) -(-6+ Determine and fix the minimum and maximum
limits of age within which an original appointment may be
made to an operational position within the Agency,
notwithstanding the provision of any other law, in accordance
with such criteria as the Director, in his discretion, may
prescribe; and
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(8) Notwithstanding section 1341(a)(1) of title 31,
United States Code, enter into multiyear leases for up to 15
years.
TITLE V ,
DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Section 501:
(a) IN GENERAL. -Subchapter II of chapter 138. title
50, United States Code, is amended by adding at the end the
following new section:
"�23501. Nuclear test monitoring eguipment
(a) AUTHORITY TO ACCEPT FUNDING. - The Secretary of
Defense, or a designee authorized in subsection (d), may
accept funds. services and property from a foreign
aovernment. an International oraanization, or other entity.
for development, procurement. installation, operation.
including communications, repair and maintenance of nuclear
weapons test explosion monitoring equipment for operation on
U.S. territory, foreign soil, including Antarctica. or in
foreian or international waters. Funds accepted under this
section shall be placed in an account established by the
Department for such purposes and shall be available to
officials in the Department of Defense authorized by the
Secretary of Defense, or a designee authorized in subsection
(d). for contracts, grants, or other procurement instruments
Any funds placed in the account established under this
subsection shall remain available until expended for the
purposes specified in this subsection.
(b) AUTHORITY TO CONVEY MONITORING EQUIPMENT. - Subject
to subsection (c). in order to satisfy U.S. monitorina
requirements, the Secretary. or a designee authorized in
subsection (d), may Provide or convey to a foreign government
or international organization, for nuclear weapons test
explosion monitoring purposes. monitoring and associated
equipment and may install such eauipment on foreign territory
or in international waters.
(c) CONDITIONS OF TRANSFER. - Any nuclear weapons test
monitoring equipment provided or conveyed under the authority
of subsection (b) shall be accompanied by an international
agreement in which the recipient of the monitoring equipment
agrees to provide the Secretary, or a designee, timely access
to data produced, collected or generated by the equipment and
access to the eguipment for purposes of inspecting, testing.
maintaining. repairing, or replacing the equipment. The
Secretary. Pursuant to such agreement, may take such measures
as are necessary for the United States requirements to
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inspect, test. maintain, repair, or replace the monitoring
equipment.
(d) DELEGATION. - The Secretary may delegate the
authority under subsections (a) and (b) to the Secretary of
the Air Force and the Under Secretary of Defense for
Acquisition. Technology, & Logistics who may delegate it";
and
(b) CLERICAL AMENDMENT. - The table of sections for
such subchapter II is amended by inserting after the item
relating to section 2350k. the following new item:
"23501 Nuclear test monitoring and associated equipment".
Section 502: Amends Chapter 21 of Title 10 - Department
of Defense Intelligence Matters - (10 U.S.C. 431) as follows:
Section 431. Authority to engage in commercial
activities as security for intelligence collection
activities.
(a) Authority.-The Secretary of Defense, subject to
the provisions of this subchapter, may authorize the conduct
of those commercial activities necessary to provide security
for authorized intelligence collection activities abroad
undertaken by the Department of Defense. No commercial
activity may be initiated pursuant to this subchapter after
December-34-7-2-0-04-.7
5ection 503: (a) Amends Chapter 22 of Title 10 by
inserting after Section 444 the following new section:
Section 445. National Imagery and Mapping Agency
Personnel Management Program for Intelligence Personnel.
The Director of the National Imagery and Mapping Agency
may appoint UP to 25 employees to positions as defined in
sections 1606 or 1607 of Title 10, United States Code, and
may prescribe the rates of basic pay for these employees at
such rates as he determines necessary, notwithstanding any
provision of Title 5 of the United States Code governing the
rates of pay or classification of employees in the executive
branch. Appointments made pursuant to this section shall be
above and beyond any other allocation of DISES or DISL
appointments made pursuant to sections 1606 or 1607 of
Title 10. United States Code.
(b) The Table of Contents of Chapter 22 of
Title 10,United States Code is amended to include the
following caption after the item relating to section 444:
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445. ,National Imagery and Mapping Agency Personnel
Management Program For Intelligence Personnel.
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