SEC. 303. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED INFORMATION.

(a) IN GENERAL- Chapter 37 of title 18, United States Code, is amended--

(1) by redesignating section 798A as section 798B; and

(2) by inserting after section 798 the following new section 798A:

`Sec. 798A. Unauthorized disclosure of classified information

`(a) PROHIBITION- Whoever, being an officer or employee of the United States, a former or retired officer or employee of the United States, any other person with authorized access to classified information, or any other person formerly with authorized access to classified information, knowingly and willfully discloses, or attempts to disclose, any classified information to a person who is not both an officer or employee of the United States and who is not authorized access to the classified information shall be fined not more than $10,000, imprisoned not more than 3 years, or both.

`(b) CONSTRUCTION OF PROHIBITION- Nothing in this section shall be construed to establish criminal liability for disclosure of classified information in accordance with applicable law to the following:

`(1) Any justice or judge of a court of the United States established pursuant to article III of the Constitution of the United States.

`(2) The Senate or House of Representatives, or any committee or subcommittee thereof, or joint committee thereof, or any member of Congress.

`(c) DEFINITIONS- In this section:

`(1) The term `authorized', in the case of access to classified information, means having authority or permission to have access to the classified information 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, an order of any United States court, or a provision of any Resolution of the Senate or Rule of the House of Representatives which governs release of classified information by the such House of Congress.

`(2) 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.

`(3) The term `officer or employee of the United States' means the following:

`(A) An officer or employee (as those terms are defined in sections 2104 and 2105 of title 5).

`(B) An officer or enlisted member of the Armed Forces (as those terms are defined in section 101(b) of title 10).'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of that chapter is amended by striking the item relating to section 798A and inserting the following new items:

`798A. Unauthorized disclosure of classified information.

`798B. Temporary extension of section 794.'.

SEC. 304. POW/MIA ANALYTIC CAPABILITY WITHIN THE INTELLIGENCE COMMUNITY.

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:

`POW/MIA ANALYTIC CAPABILITY

`SEC. 115. (a) REQUIREMENT- (1) The Director of Central Intelligence shall, in consultation with the Secretary of Defense, establish and maintain in the intelligence community an analytic capability with responsibility for intelligence in support of the activities of the United States relating to prisoners of war and missing persons (as that term is defined in section 1513(1) of title 10, United States Code).

`(2) The analytic capability maintained under paragraph (1) shall be known as the `POW/MIA analytic capability of the intelligence community'.

`(b) SCOPE OF RESPONSIBILITY- The responsibilities of the analytic capability maintained under subsection (a) shall--

`(1) extend to any activities of the Federal Government with respect to prisoners of war and missing persons after December 31, 1990; and

`(2) include support for any department or agency of the Federal Government engaged in such activities.'.

SEC. 305. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS.

The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following:

`TITLE X--MISCELLANEOUS

`APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS

`SEC. 1001. (a) IN GENERAL- No Federal law enacted on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2001 that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person acting at their direction to the extent such other person is carrying out such activity on behalf of the United States, unless such Federal law specifically addresses such intelligence activity.

`(b) AUTHORIZED ACTIVITIES- An activity shall be treated as authorized for purposes of subsection (a) if the activity is authorized by an appropriate official of the United States Government, acting within the scope of the official duties of that official and in compliance with Federal law and any applicable Presidential directive.'.

SEC. 306. LIMITATION ON HANDLING, RETENTION, AND STORAGE OF CERTAIN CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE.

(a) CERTIFICATION REGARDING FULL COMPLIANCE WITH REQUIREMENTS- The Director of Central Intelligence shall certify to the appropriate committees of Congress whether or not each covered element of the Department of State is in full compliance with all applicable directives of the Director of Central Intelligence, and all applicable Executive Orders, relating to the handling, retention, or storage of covered classified materials.

(b) LIMITATION ON CERTIFICATION- The Director of Central Intelligence may not certify a covered element of the Department of State as being in full compliance with the directives and Executive Orders referred to in subsection (a) if the covered element is currently subject to a waiver of compliance with respect to any such directive or Executive Order.

(c) REPORT ON NONCOMPLIANCE- Whenever the Director of Central Intelligence determines that a covered element of the Department of State is not in full compliance with any directive or Executive Order referred to in subsection (a), the Director shall promptly notify the appropriate committees of Congress of such determination.

(d) EFFECTS OF CERTIFICATION OF NON-FULL COMPLIANCE- (1)(A) Effective as of January 1, 2001, no funds authorized to be appropriated by this Act may be obligated or expended by the Bureau of Intelligence and Research of the Department of State unless the Director of Central Intelligence has certified under subsection (a) as of such date that each covered element of the Department of State is in full compliance with the directives and Executive Orders referred to in subsection (a).

(B) If the prohibition in subparagraph (A) takes effect in accordance with that subparagraph, the prohibition shall remain in effect until the date on which the Director certifies under subsection (a) that each covered element of the Department of State is in full compliance with the directives and Executive Orders referred to in that subsection.

(2)(A) Subject to subsection (e), effective as of January 1, 2001, a covered element of the Department of State may not retain or store covered classified information unless the Director has certified under subsection (a) as of such date that the covered element is in full compliance with the directives and Executive Orders referred to in subsection (a).

(B) If the prohibition in subparagraph (A) takes effect in accordance with that subparagraph, the prohibition shall remain in effect until the date on which the Director certifies under subsection (a) that the covered element involved is in full compliance with the directives and Executive Orders referred to in that subsection.

(e) PRESIDENTIAL WAIVER- (1) The President may waive the applicability of the prohibition in subsection (d)(2) to an element of the Department of State otherwise covered by such prohibition if the President determines that the waiver is in the national security interests of the United States.

(2) The President shall submit to appropriate committees of Congress a report on each exercise of the waiver authority in paragraph (1).

(3) Each report under paragraph (2) with respect to the exercise of authority under paragraph (1) shall set forth the following:

(A) The covered element of the Department of State addressed by the waiver.

(B) The reasons for the waiver.

(C) The actions taken by the President to protect any covered classified material to be handled, retained, or stored by such element.

(f) DEFINITIONS- In this section:

(1) The term `appropriate committees of Congress' means the following:

(A) The Select Committee on Intelligence and the Committee on Foreign Relations of the Senate.

(B) The Permanent Select Committee on Intelligence and the Committee on International Relations of the House of Representatives.

(2) The term `covered classified material' means any material classified at the Sensitive Compartmented Information (SCI) level.

(3) The term `covered element of the Department of State' means each element of the Department of State that handles, retains, or stores covered classified material.

(4) The term `material' means any data, regardless of physical form or characteristic, including written or printed matter, automated information systems storage media, maps, charts, paintings, drawings, films, photographs, engravings, sketches, working notes, papers, reproductions of any such things by any means or process, and sound, voice, magnetic, or electronic recordings.

(5) The term `Sensitive Compartmented Information (SCI) level', in the case of classified material, means a level of classification for information in such material concerning or derived from intelligence sources, methods, or analytical processes that requires such information to be handled within formal access control systems established by the Director of Central Intelligence.

SEC. 307. CLARIFICATION OF STANDING OF UNITED STATES CITIZENS TO CHALLENGE CERTAIN BLOCKING OF ASSETS.

The Foreign Narcotics Kingpin Designation Act (title VIII of Public Law 106-120; 113 Stat. 1626; 21 U.S.C. 1901 et seq.) is amended by adding at the end the following new section:

`SEC. 811. STANDING OF UNITED STATES CITIZENS TO CHALLENGE BLOCKING OF ASSETS.

`No provision of this title shall be construed to prohibit a United States citizen from raising any challenge otherwise available to the United States citizen under subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly referred to as the Administrative Procedure Act), or any other provision of law, with respect to the blocking of assets by the United States under this title.'.

SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR ADMINISTRATIVE COSTS OF COUNTERDRUG INTELLIGENCE EXECUTIVE SECRETARIAT.

Notwithstanding section 1346 of title 31, United States Code, or section 610 of the Treasury and General Government Appropriations Act, 2000 (Public Law 106-58; 113 Stat. 467), funds made available for fiscal year 2000 for any department or agency of the Federal Government with authority to conduct counterdrug intelligence activities, including counterdrug law enforcement information-gathering activities, may be available to finance an appropriate share of the administrative costs incurred by the Department of Justice for the Counterdrug Intelligence Executive Secretariat authorized by the General Counterdrug Intelligence Plan of February 12, 2000.

TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A REPORT TO CONGRESS.

Section 17(d)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(3)) is amended by striking all that follows after subparagraph (A) and inserting the following:

`(B) an investigation, inspection, or audit carried out by the Inspector General should focus on any current or former Agency official who--

`(i) holds or held a position in the Agency that is subject to appointment by the President, by and with the advise and consent of the Senate, including such a position held on an acting basis; or

`(ii) holds or held the position in the Agency, including such a position held on an acting basis, of--

`(I) Executive Director;

`(II) Deputy Director for Operations;

`(III) Deputy Director for Intelligence;

`(IV) Deputy Director for Administration; or

`(V) Deputy Director for Science and Technology;

`(C) a matter requires a report by the Inspector General to the Department of Justice on possible criminal conduct by a current or former Agency official described or referred to in subparagraph (B);

`(D) the Inspector General becomes aware of the possible criminal conduct of a current or former Agency official described or referred to in subparagraph (B) through a means other than an investigation, inspection, or audit and such conduct is not referred to the Department of Justice; or

`(E) the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, or audit,

the Inspector General shall immediately submit a report on such matter to the intelligence committees.'.

SEC. 402. SUBPOENA AUTHORITY OF THE INSPECTOR GENERAL.

(a) CLARIFICATION REGARDING REPORTS ON EXERCISE OF AUTHORITY- Section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended--

(1) in subsection (d)(1), by striking subparagraph (E) and inserting the following new subparagraph (E):

`(E) a description of the exercise of the subpoena authority under subsection (e)(5) by the Inspector General during the reporting period; and'; and

(2) in subsection (e)(5), by striking subparagraph (E).

(b) SCOPE OF AUTHORITY- Subsection (e)(5)(B) of that section is amended by striking `Government' and inserting `Federal'.

SEC. 403. IMPROVEMENT AND EXTENSION OF CENTRAL SERVICES PROGRAM.

(a) DEPOSITS IN CENTRAL SERVICES WORKING CAPITAL FUND- Subsection (c)(2) of section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended--

(1) by redesignating subparagraph (F) as subparagraph (H); and

(2) by inserting after subparagraph (E) the following new subparagraphs:

`(F) Receipts from individuals in reimbursement for utility services and meals provided under the program.

`(G) Receipts from individuals for the rental of property and equipment under the program.'.

(b) CLARIFICATION OF COSTS RECOVERABLE UNDER PROGRAM- Subsection (e)(1) of that section is amended in the second sentence by inserting `other than structures owned by the Agency' after `depreciation of plant and equipment'.

(c) FINANCIAL STATEMENTS OF PROGRAM- Subsection (g)(2) of that section is amended in the first sentence by striking `annual audits under paragraph (1)' and inserting the following: `financial statements to be prepared with respect to the program. Office of Management and Budget guidance shall also determine the procedures for conducting annual audits under paragraph (1).'.

(d) EXTENSION OF PROGRAM- Subsection (h)(1) of that section is amended by striking `March 31, 2002' and inserting `March 31, 2005'.

SEC. 404. DETAILS OF EMPLOYEES TO THE NATIONAL RECONNAISSANCE OFFICE.

The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the following new section:

`DETAILS OF EMPLOYEES

`SEC. 22. The Director may--

`(1) detail any personnel of the Agency on a reimbursable basis indefinitely to the National Reconnaissance Office without regard to any limitation under law on the duration of details of Federal government personnel; and

`(2) hire personnel for the purpose of details under paragraph (1).'.

SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR ACQUISITION OF LAND.

(a) IN GENERAL- Section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j) is amended by adding at the end the following new subsection:

`(c) TRANSFERS FOR ACQUISITION OF LAND- (1) Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency for that purpose shall remain available for 3 years.

`(2) The Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives an annual report on the transfers of sums described in paragraph (1).'.

(b) CONFORMING STYLISTIC AMENDMENTS- That section is further amended--

(1) in subsection (a), by inserting `IN GENERAL- ' after `(a)'; and

(2) in subsection (b), by inserting `SCOPE OF AUTHORITY FOR EXPENDITURE- ' after `(b)'.

(c) APPLICABILITY- Subsection (c) of section 8 of the Central Intelligence Agency Act of 1949, as added by subsection (a) of this section, shall apply with respect to amounts appropriated or otherwise made available for the Central Intelligence Agency for fiscal years after fiscal year 2000.

SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR REIMBURSEMENT FOR PROFESSIONAL LIABILITY INSURANCE.

(a) IN GENERAL- Notwithstanding any provision of section 363 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (5 U.S.C. prec. 5941 note), the Director of Central Intelligence may--

(1) designate as qualified employees within the meaning of subsection (b) of that section appropriate categories of employees not otherwise covered by that subsection; and

(2) use appropriated funds available to the Director to reimburse employees within categories so designated for one-half of the costs incurred by such employees for professional liability insurance in accordance with subsection (a) of that section.

(b) REPORTS- The Director of Central Intelligence shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of Intelligence of the House of Representatives a report on each designation of a category of employees under paragraph (1) of subsection (a), including the approximate number of employees covered by such designation and an estimate of the amount to be expended on reimbursement of such employees under paragraph (2) of that subsection.

TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.

Section 431(a) of title 10, United States Code, is amended in the second sentence by striking `December 31, 2000' and inserting `December 31, 2002'.

SEC. 502. NUCLEAR TEST MONITORING EQUIPMENT.

(a) IN GENERAL- Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 2350l. Nuclear test monitoring equipment

`(a) AUTHORITY TO CONVEY OR PROVIDE- Subject to subsection (b), the Secretary of Defense may, for purposes of satisfying nuclear test explosion monitoring requirements applicable to the United States--

`(1) convey or otherwise provide to a foreign government monitoring and associated equipment for nuclear test explosion monitoring purposes; and

`(2) install such equipment on foreign territory or in international waters as part of such conveyance or provision.

`(b) AGREEMENT REQUIRED- Nuclear test explosion monitoring equipment may be conveyed or otherwise provided under the authority in subsection (a) only pursuant to the terms of an agreement in which the foreign government receiving such equipment agrees as follows:

`(1) To provide the Secretary of Defense timely access to the data produced, collected, or generated by such equipment.

`(2) To permit the Secretary of Defense to take such measures as the Secretary considers necessary to inspect, test, maintain, repair, or replace such equipment, including access for purposes of such measures.

`(c) DELEGATION OF RESPONSIBILITIES- (1) The Secretary of Defense may delegate any or all of the responsibilities of that Secretary under subsection (b) to the Secretary of the Air Force.

`(2) The Secretary of the Air Force may delegate any or all of the responsibilities delegated to that Secretary under paragraph (1).'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter II of such chapter is amended by inserting after the item relating to section 2350k the following new item:

`2350l. Nuclear test monitoring equipment.'.

SEC. 503. EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL PERSONNEL FOR CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY.

(a) PROGRAM AUTHORIZED- During the 5-year period beginning on the date of the enactment of this Act, the Director of Central Intelligence may carry out a program of experimental use of the special personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects administered by the elements of the intelligence community specified in subsection (c).

(b) SPECIAL PERSONNEL MANAGEMENT AUTHORITY- Under the program, the Director of Central Intelligence may--

(1) within the limitations specified in subsection (c), appoint scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5, United States Code) to not more than 39 scientific and engineering positions in the elements of the intelligence community specified in that subsection without regard to any provision of title 5, United States Code, governing the appointment of employees in the civil service;

(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, notwithstanding any provision of such title governing the rates of pay or classification of employees in the executive branch; and

(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limit applicable to the employee under subsection (e)(1).

(c) SPECIFIED ELEMENTS AND LIMITATIONS- The elements of the intelligence community in which individuals may be appointed under the program, and the maximum number of positions for which individuals may be appointed in each such element, are as follows:

(1) The National Imagery and Mapping Agency (NIMA), 15 positions.

(2) The National Security Agency (NSA), 12 positions.

(3) The National Reconnaissance Office (NRO), 6 positions.

(4) The Defense Intelligence Agency (DIA), 6 positions.

(d) LIMITATION ON TERM OF APPOINTMENT- (1) Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed 4 years.

(2) The Director of Central Intelligence may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 2 years if the Director determines that such action is necessary to promote the efficiency of the element of the intelligence community concerned.

(e) LIMITATIONS ON ADDITIONAL PAYMENTS- (1) The total amount of the additional payments paid to an employee under subsection (b)(3) for any 12-month period may not exceed the least of the following amounts:

(A) $25,000.

(B) The amount equal to 25 percent of the employee's annual rate of basic pay.

(C) The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code.

(2) An employee appointed under subsection (b)(1) is not eligible for any bonus, monetary award, or other monetary incentive for service except for payments authorized under subsection (b)(3).

(f) PERIOD OF PROGRAM- (1) The program authorized under this section shall terminate at the end of the 5-year period referred to in subsection (a).

(2) After the termination of the program--

(A) no appointment may be made under paragraph (1) of subsection (b);

(B) a rate of basic pay prescribed under paragraph (2) of that subsection may not take effect for a position; and

(C) no period of service may be extended under subsection (d)(2).

(g) SAVINGS PROVISIONS- In the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under subsection (b)(1)--

(1) the termination of the program does not terminate the employee's employment in that position before the expiration of the lesser of--

(A) the period for which the employee was appointed; or

(B) the period to which the employee's service is limited under subsection (d), including any extension made under paragraph (2) of that subsection before the termination of the program; and

(2) the rate of basic pay prescribed for the position under subsection (b)(2) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service.

(h) ANNUAL REPORT- (1) Not later than October 15 of each year, beginning in 2001 and ending in the year in which the service of employees under the program concludes (including service, if any, that concludes under subsection (g)), the Director of Central Intelligence shall submit a report on the program to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) The report submitted in a year shall cover the 12-month period ending on the day before the anniversary, in that year, of the date of the enactment of this Act.

(3) The annual report shall contain, for the period covered by the report, the following:

(A) A detailed discussion of the exercise of authority under this section.

(B) The sources from which individuals appointed under subsection (b)(1) were recruited.

(C) The methodology used for identifying and selecting such individuals.

(D) Any additional information that the Director considers helpful for assessing the utility of the authority under this section.

Calendar No. 528

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.

May 4, 2000

END