(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2002, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2002 (by not more than two percent) when necessary to the performance of important intelligence functions. Requires notification of the congressional intelligence committees.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY 2002, for full-time personnel for elements within such Account, and for certain classified personnel. Earmarks a specified amount of such funds for the National Drug Intelligence Center.
(Sec. 105) Includes within the definition of "intelligence community" intelligence elements of the Coast Guard.
Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 2002 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
(Sec. 303) Expresses the sense of Congress that the DCI should continue to direct that elements of the intelligence community should competitively award contracts in a manner that maximizes the procurement of products properly designated as having been made in the United States.
(Sec. 304) Authorizes the head of the agency of an employee detailed under the Intelligence Community Assignment Program, under specified conditions, to pay a lodging allowance for such employee for the duration of the detail.
(Sec. 306) Requires the DCI to report to the intelligence committees on whether and to what extent the intelligence community has implemented the recommendations of the National Commission on Terrorism, the United States Commission on National Security for the 21st Century, and an advisory panel on terrorism involving weapons of mass destruction.
(Sec. 307) Amends the Foreign Narcotics Kingpin Designation Act to repeal a provision exempting the actions involving the identification, and blocking of assets, of significant foreign narcotics traffickers from judicial review.
(Sec. 308) Amends the National Security Act of 1947 to require consultation with the DCI before appointment of the Directors of the Offices of Intelligence and Counterintelligence within the Department of Energy.
(Sec. 309) Revises provisions concerning the protection of intelligence community employees who report urgent concerns to Congress to require the CIA Inspector General, upon determining that a complaint is credible, to notify the DCI of such complaint and such determination.
(Sec.310) Requires the Attorney General, after specified consultation, to review and report to Congress on current protections against the unauthorized disclosure of classified information.
(Sec. 311) Suspends until October 1, 2002, a provision of the Intelligence Authorization Act for Fiscal Year 2001 providing for the reorganization of the Diplomatic Telecommunications Service Program Office.
(Sec. 312) Requires each national counterintelligence strategy, as well as any related national threat identification and prioritization assessment, to be approved by the President and submitted to the intelligence committees.
(Sec. 313) Requires the Attorney General to report to Congress on the effect and efficacy of alien terrorist removal proceedings, including the reasons why such proceedings have not been used in the past and the effect on the use of such proceedings after the enactment of the U.S.A. Patriot Act of 2001.
(Sec. 314) Amends the Foreign Intelligence Surveillance Act of 1978 to extend from 24 to 72 hours the time for judicial ratification of an emergency surveillance or search conducted under such Act.
Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to: (1) revise an audit date concerning the CIA's central services program; and (2) repeal the March 31, 2002, termination date for such program.
(Sec. 402) Extends through FY 2003 the authority of the DCI to offer separation pay to CIA employees who voluntarily separate from service.
(Sec. 403) Requires the DCI to: (1) rescind CIA guidelines for handling cases involving foreign assets or sources with human rights concerns; (2) provide for guidelines that more appropriately weigh and provide incentives for risks to achieve successful operations; and (3) ensure that information is shared so that actions to protect American lives can be taken.
(Sec. 404) Amends the Intelligence Authorization Act for Fiscal Year 2001 to authorize the DCI to reimburse certain counterterrorism employees for 100 percent (currently one-half) of the cost of professional liability insurance.
Title V: Department of Defense Intelligence Activities - Authorizes the Secretary of Defense (Secretary) to use funds available for a DOD intelligence element to purchase promotional items of nominal value to recruit individuals for employment within that element.
(Sec. 502) Authorizes the Secretaries of the Army, Navy, and Air Force to transfer or reprogram funds for infrastructure and quality-of-life improvements at the Menwith Hall and Bad Aibling stations.
(Sec. 503) Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) revise certification requirements relating to official immunity for employees and agents of the United States and foreign countries engaged in the interdiction of illegal aircraft drug trafficking; and (2) require an annual report from the President to Congress regarding countries for which such certifications were in effect.
(Sec. 504) Authorizes the Secretary to establish an undergraduate training program for civilian NIMA employees, similar to that provided to civilian NSA employees, under which such employees are provided financial assistance to develop mission-critical skills.
(Sec. 505) Requires the: (1) DCI to ensure that any report, review, study, or plan required by this Act that involves intelligence or intelligence-related activities of DOD be prepared or conducted in consultation with the Secretary of Defense or other appropriate DOD official; and (2) defense, appropriations, and intelligence committees to receive all such reports, reviews, studies, or plans.
(Sec. 506) Permits the NSA Director to authorize agency personnel to perform protective services and law enforcement functions up to 500 feet beyond the confines of NSA facilities, including upon streets, sidewalks, and open areas, when acting reasonably to protect against physical damage or injury. (Currently, such authority is limited to such facilities and any extending fence or other boundary line.) Requires an annual report from such Director to the intelligence committees on the exercise of such authority. Requires personnel performing such services or functions to be clearly identifiable.
[107th Congress Public Law 108]
[From the U.S. Government Publishing Office]
<DOC>
[DOCID: f:publ108.107]
[[Page 1393]]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2002
[[Page 115 STAT. 1394]]
Public Law 107-108
107th Congress
An Act
To authorize appropriations for fiscal year 2002 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. <<NOTE: Dec.
28, 2001 - [H.R. 2883]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Intelligence Authorization
Act for Fiscal Year 2002.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Codification of the Coast Guard as an element of the
intelligence community.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.
Sec. 304. Requirements for lodging allowances in intelligence community
assignment program benefits.
Sec. 305. Modification of reporting requirements for significant
anticipated intelligence activities and significant
intelligence failures.
Sec. 306. Report on implementation of recommendations of the National
Commission on Terrorism and other entities.
Sec. 307. Judicial review under Foreign Narcotics Kingpin Designation
Act.
Sec. 308. Modification of positions requiring consultation with Director
of Central Intelligence in appointments.
Sec. 309. Modification of authorities for protection of intelligence
community employees who report urgent concerns to Congress.
Sec. 310. Review of protections against the unauthorized disclosure of
classified information.
Sec. 311. One-year suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 312. Presidential approval and submission to Congress of National
Counterintelligence Strategy and National Threat
Identification and Prioritization Assessments.
Sec. 313. Report on alien terrorist removal proceedings.
Sec. 314. Technical amendments.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications of central services program.
[[Page 115 STAT. 1395]]
Sec. 402. One-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 403. Guidelines for recruitment of certain foreign assets.
Sec. 404. Full reimbursement for professional liability insurance of
counterterrorism employees.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Authority to purchase items of nominal value for recruitment
purposes.
Sec. 502. Funding for infrastructure and quality-of-life improvements at
Menwith Hill and Bad Aibling stations.
Sec. 503. Modification of authorities relating to official immunity in
interdiction of aircraft engaged in illicit drug trafficking.
Sec. 504. Undergraduate training program for employees of the National
Imagery and Mapping Agency.
Sec. 505. Preparation and submittal of reports, reviews, studies, and
plans relating to Department of Defense intelligence
activities.
Sec. 506. Enhancement of security authorities of National Security
Agency.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2002
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2002, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
H.R. 2883 of the One Hundred Seventh Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director of
the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess of
the number authorized for fiscal year 2002
[[Page 115 STAT. 1396]]
under section 102 when the Director of Central Intelligence determines
that such action is necessary to the performance of important
intelligence functions, except that the number of personnel employed in
excess of the number authorized under such section may not, for any
element of the intelligence community, exceed 2 percent of the number of
civilian personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall notify promptly the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 2002 the sum of $200,276,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the advanced research
and development committee shall remain available until September 30,
2003.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of Central
Intelligence are authorized 343 full-time personnel as of September 30,
2002. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed from
other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are also authorized
to be appropriated for the Intelligence Community Management
Account for fiscal year 2002 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts shall remain
available until September 30, 2003.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2002, there are hereby authorized such additional personnel for
such elements as of that date as are specified in the classified
Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2002
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such officer,
employee, or member may be detailed on a nonreimbursable basis for a
period of less than one year for the performance of temporary functions
as required by the Director of Central Intelligence.
(e) National <<NOTE: 28 USC 873 note.>> Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be appropriated
in subsection (a), $44,000,000 shall be available for the
National Drug Intelligence Center. Within such amount,
[[Page 115 STAT. 1397]]
funds provided for research, development, testing, and
evaluation purposes shall remain available until September 30,
2003, and funds provided for procurement purposes shall remain
available until September 30, 2004.
(2) Transfer of funds.--The Director of Central Intelligence
shall transfer to the Attorney General funds available for the
National Drug Intelligence Center under paragraph (1). The
Attorney General shall utilize funds so transferred for the
activities of the National Drug Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority.--Notwithstanding any other provision of law,
the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. CODIFICATION OF THE COAST GUARD AS AN ELEMENT OF THE
INTELLIGENCE COMMUNITY.
Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C.
401a(4)(H)) is amended--
(1) by striking ``and'' before ``the Department of Energy'';
and
(2) by inserting ``, and the Coast Guard'' before the
semicolon.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2002 the sum of
$212,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security
[[Page 115 STAT. 1398]]
interests of the United States and consistent with operational and
security concerns related to the conduct of intelligence activities, and
where fiscally sound, should competitively award contracts in a manner
that maximizes the procurement of products properly designated as having
been made in the United States.
SEC. 304. REQUIREMENTS FOR LODGING ALLOWANCES IN INTELLIGENCE COMMUNITY
ASSIGNMENT PROGRAM BENEFITS.
Section 113(b) of the National Security Act of 1947 (50 U.S.C.
404h(b)) is amended--
(1) by inserting ``(1)'' before ``An employee''; and
(2) by adding at the end the following new paragraph:
``(2) The head of an agency of an employee detailed under subsection
(a) may pay a lodging allowance for the employee subject to the
following conditions:
``(A) The allowance shall be the lesser of the cost of the
lodging or a maximum amount payable for the lodging as
established jointly by the Director of Central Intelligence
and--
``(i) with respect to detailed employees of the
Department of Defense, the Secretary of Defense; and
``(ii) with respect to detailed employees of other
agencies and departments, the head of such agency or
department.
``(B) The detailed employee maintains a primary residence
for the employee's immediate family in the local commuting area
of the parent agency duty station from which the employee
regularly commuted to such duty station before the detail.
``(C) The lodging is within a reasonable proximity of the
host agency duty station.
``(D) The distance between the detailed employee's parent
agency duty station and the host agency duty station is greater
than 20 miles.
``(E) The distance between the detailed employee's primary
residence and the host agency duty station is 10 miles greater
than the distance between such primary residence and the
employees parent duty station.
``(F) The rate of pay applicable to the detailed employee
does not exceed the rate of basic pay for grade GS-15 of the
General Schedule.''.
SEC. 305. MODIFICATION OF REPORTING REQUIREMENTS FOR SIGNIFICANT
ANTICIPATED INTELLIGENCE ACTIVITIES AND SIGNIFICANT
INTELLIGENCE FAILURES.
Section 502 of the National Security Act of 1947 (50 U.S.C. 413a) is
amended--
(1) by inserting ``(a) In General.--'' before ``To the
extent''; and
(2) by adding at the end the following new subsections:
``(b) Form and Contents of Certain Reports.--Any report relating to
a significant anticipated intelligence activity or a significant
intelligence failure that is submitted to the intelligence committees
for purposes of subsection (a)(1) shall be in writing, and shall contain
the following:
``(1) A concise statement of any facts pertinent to such
report.
``(2) An explanation of the significance of the intelligence
activity or intelligence failure covered by such report.
[[Page 115 STAT. 1399]]
``(c) Standards and Procedures for Certain Reports.--The Director of
Central Intelligence, in consultation with the heads of the departments,
agencies, and entities referred to in subsection (a), shall establish
standards and procedures applicable to reports covered by subsection
(b).''.
SEC. 306. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL
COMMISSION ON TERRORISM AND OTHER ENTITIES.
(a) In <<NOTE: Deadline.>> General.--Not later than 120 days after
the date of the enactment of this Act, the Director of Central
Intelligence shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate a report concerning whether, and to what
extent, the Intelligence Community has implemented recommendations
relevant to the Intelligence Community as set forth in the following:
(1) The report prepared by the National Commission on
Terrorism established by section 591 of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999 (Public Law
105-277).
(2) The report prepared by the United States Commission on
National Security for the 21st Century, Phase III, dated
February 15, 2001.
(3) The second annual report of the advisory panel to assess
domestic response capabilities for terrorism involving weapons
of mass destruction established pursuant to section 1405 of the
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 50 U.S.C. 2301 note).
(b) Recommendations Determined Not To Be Adopted.--In a case in
which the Director determines that a recommendation described in
subsection (a) has not been implemented, the report under that
subsection shall include a detailed explanation of the reasons for not
implementing that recommendation.
SEC. 307. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN DESIGNATION
ACT.
Section 805 of the Foreign Narcotics Kingpin Designation Act (title
VIII of Public Law 106-120; 113 Stat. 1629; 21 U.S.C. 1904) is amended
by striking subsection (f).
SEC. 308. MODIFICATION OF POSITIONS REQUIRING CONSULTATION WITH DIRECTOR
OF CENTRAL INTELLIGENCE IN APPOINTMENTS.
Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C.
403-6(b)(2)) is amended by striking subparagraph (C) and inserting the
following new subparagraphs:
``(C) The Director of the Office of Intelligence of the
Department of Energy.
``(D) The Director of the Office of Counterintelligence of
the Department of Energy.''.
SEC. 309. MODIFICATION OF AUTHORITIES FOR PROTECTION OF INTELLIGENCE
COMMUNITY EMPLOYEES WHO REPORT URGENT CONCERNS TO CONGRESS.
(a) Authority of Inspector General of Central Intelligence Agency.--
Section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(5)) is amended--
[[Page 115 STAT. 1400]]
(1) in subparagraph (B), by striking the second sentence and
inserting the following new sentence: ``Upon making such a
determination, the Inspector General shall transmit to the
Director notice of that determination, together with the
complaint or information.''; and
(2) in subparagraph (D)(i), by striking ``does not
transmit,'' and all that follows through ``subparagraph (B),''
and inserting ``does not find credible under subparagraph (B) a
complaint or information submitted under subparagraph (A), or
does not transmit the complaint or information to the Director
in accurate form under subparagraph (B),''.
(b) Authorities of Inspectors General of the Intelligence
Community.--Section 8H of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``Upon making such a
determination, the Inspector General shall transmit to the head
of the establishment notice of that determination, together with
the complaint or information.''; and
(2) in subsection (d)(1), by striking ``does not transmit,''
and all that follows through ``subsection (b),'' and inserting
``does not find credible under subsection (b) a complaint or
information submitted to the Inspector General under subsection
(a), or does not transmit the complaint or information to the
head of the establishment in accurate form under subsection
(b),''.
SEC. 310. REVIEW OF PROTECTIONS AGAINST THE UNAUTHORIZED DISCLOSURE OF
CLASSIFIED INFORMATION.
(a) Requirement.--The Attorney General shall, in consultation with
the Secretary of Defense, Secretary of State, Secretary of Energy,
Director of Central Intelligence, and heads of such other departments,
agencies, and entities of the United States Government as the Attorney
General considers appropriate, carry out a comprehensive review of
current protections against the unauthorized disclosure of classified
information, including--
(1) any mechanisms available under civil or criminal law, or
under regulation, to detect the unauthorized disclosure of such
information; and
(2) any sanctions available under civil or criminal law, or
under regulation, to deter and punish the unauthorized
disclosure of such information.
(b) Particular Considerations.--In carrying out the review required
by subsection (a), the Attorney General shall consider, in particular--
(1) whether the administrative regulations and practices of
the intelligence community are adequate, in light of the
particular requirements of the intelligence community, to
protect against the unauthorized disclosure of classified
information; and
(2) whether recent developments in technology, and
anticipated developments in technology, necessitate particular
modifications of current protections against the unauthorized
disclosure of classified information in order to further protect
against the unauthorized disclosure of such information.
[[Page 115 STAT. 1401]]
(c) Report.--(1) <<NOTE: Deadline.>> Not later than May 1, 2002, the
Attorney General shall submit to Congress a report on the review carried
out under subsection (a). The report shall include the following:
(A) A comprehensive description of the review, including the
findings of the Attorney General as a result of the review.
(B) An assessment of the efficacy and adequacy of current
laws and regulations against the unauthorized disclosure of
classified information, including whether or not modifications
of such laws or regulations, or additional laws or regulations,
are advisable in order to further protect against the
unauthorized disclosure of such information.
(C) Any recommendations for legislative or administrative
action that the Attorney General considers appropriate,
including a proposed draft for any such action, and a
comprehensive analysis of the Constitutional and legal
ramifications of any such action.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
SEC. 311. <<NOTE: 22 USC 7301 note.>> ONE-YEAR SUSPENSION OF
REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE.
Notwithstanding any provision of subtitle B of title III of the
Intelligence Authorization Act for Fiscal Year 2001 (Public Law 106-567;
114 Stat. 2843; 22 U.S.C. 7301 et seq.), relating to the reorganization
of the Diplomatic Telecommunications Service Program Office, no
provision of that subtitle shall be effective during the period
beginning on the date of the enactment of this Act and ending on October
1, 2002.
SEC. 312. PRESIDENTIAL APPROVAL AND SUBMISSION TO CONGRESS OF NATIONAL
COUNTERINTELLIGENCE STRATEGY AND NATIONAL THREAT
IDENTIFICATION AND PRIORITIZATION ASSESSMENTS.
The National Counterintelligence Strategy, and each National Threat
Identification and Prioritization Assessment, produced under
Presidential Decision Directive 75, dated December 28, 2000, entitled
``U.S. Counterintelligence Effectiveness--Counterintelligence for the
21st Century'', including any modification of that Strategy or any such
Assessment, may only take effect if approved by the President. The
Strategy, each Assessment, and any modification thereof, shall be
submitted to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 313. REPORT ON ALIEN TERRORIST REMOVAL PROCEEDINGS.
Section 504 of the Immigration and Nationality Act (8 U.S.C. 1534)
is amended by adding after subsection (k) the following new subsection:
``(l) <<NOTE: Deadline.>> Not later than 3 months from the date of
the enactment of this subsection, the Attorney General shall submit to
Congress a report concerning the effect and efficacy of alien terrorist
removal proceedings, including the reasons why proceedings pursuant to
this section have not been used by the Attorney General in the past and
the effect on the use of these proceedings after the enactment of the
USA PATRIOT Act of 2001 (Public Law 107-56).''.
[[Page 115 STAT. 1402]]
SEC. 314. TECHNICAL AMENDMENTS.
(a) FISA.--The Foreign Intelligence Surveillance Act of 1978 is
amended as follows:
(1) Section 101(h)(4) (50 U.S.C. 1801(h)(4)) is amended by
striking ``twenty-four hours'' and inserting ``72 hours''.
(2) Section 105 (50 U.S.C. 1805) is amended--
(A) by inserting ``, if known'' in subsection
(c)(1)(B) before the semicolon at the end;
(B) by striking ``twenty-four hours'' in subsection
(f) each place it appears and inserting ``72 hours'';
(C) by transferring the subsection (h) added by
section 225 of the USA PATRIOT Act (Public Law 107-56;
115 Stat. 295) so as to appear after (rather than
before) the subsection (h) redesignated by section
602(b)(2) of the Counterintelligence Reform Act of 2000
(title VI of Public Law 106-567; 114 Stat. 2851) and
redesignating that subsection as so transferred as
subsection (i); and
(D) in the subsection transferred and redesignated
by subparagraph (C), by inserting ``for electronic
surveillance or physical search'' before the period at
the end.
(3) Section 301(4)(D) (50 U.S.C. 1821(4)(D)) is amended by
striking ``24 hours'' and inserting ``72 hours''.
(4) Section 304(e) (50 U.S.C. 1824(e)) is amended by
striking ``24 hours'' each place it appears and inserting ``72
hours''.
(5) Section 402 (50 U.S.C. 1842) is amended--
(A) in subsection (c), as amended by paragraphs (2)
and (3) of section 214(a) of the USA PATRIOT Act (115
Stat. 286), by inserting ``and'' at the end of paragraph
(1); and
(B) in subsection (f), by striking ``of a court''
and inserting ``of an order issued''.
(6) Subsection (a) of section 501 (50 U.S.C. 1861), as
inserted by section 215 of the USA PATRIOT Act (115 Stat. 287),
is amended by inserting ``to obtain foreign intelligence
information not concerning a United States person or'' in
paragraph (1) after ``an investigation''.
(7) Section 502 (50 U.S.C. 1862), as inserted by section 215
of the USA PATRIOT Act (115 Stat. 288), is amended by striking
``section 402'' both places it appears and inserting ``section
501''.
(8) The table of contents in the first section is amended--
(A) by inserting ``Sec.'' at the beginning of the
items relating to sections 401, 402, 403, 404, 405, 406,
and 601; and
(B) by striking the items relating to sections 501,
502, and 503 and inserting the following:
``Sec. 501. Access to certain business records for foreign intelligence
and international terrorism investigations.
``Sec. 502. Congressional oversight.''.
(b) Title 18, United States Code.--Paragraph (19) of section 2510 of
title 18, United States Code, as added by section 203(b)(2)(C) of the
USA PATRIOT Act (115 Stat. 280), is amended by inserting ``, for
purposes of section 2517(6) of this title,'' before ``means''.
(c) USA <<NOTE: Effective date.>> Patriot Act.--Effective as of the
enactment of such Act and as if included therein as originally enacted,
the USA PATRIOT Act (Public Law 107-56) is amended--
[[Page 115 STAT. 1403]]
(1) in section 207(b)(1) (115 Stat. 282), <<NOTE: 50 USC
1805.>> by striking ``105(d)(2)'' and ``1805(d)(2)'' and
inserting ``105(e)(2)'' and ``1805(e)(2)'', respectively; and
(2) in section 1003 (115 Stat. 392), <<NOTE: 50 USC
1801.>> by inserting ``of 1978'' after ``Act''.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MODIFICATIONS OF CENTRAL SERVICES PROGRAM.
(a) Annual Audits.--Subsection (g)(1) of section 21 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended--
(1) by striking ``December 31'' and inserting ``January
31''; and
(2) by striking ``conduct'' and inserting ``complete''.
(b) Permanent Authority.--Subsection (h) of that section is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1), as so redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (2)''; and
(4) in paragraph (2), as so redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (1)''.
SEC. 402. ONE-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 403-4 note) is amended--
(1) in subsection (f), by striking ``September 30, 2002''
and inserting ``September 30, 2003''; and
(2) in subsection (i), by striking ``or 2002'' and inserting
``2002, or 2003''.
SEC. 403. GUIDELINES FOR RECRUITMENT OF CERTAIN FOREIGN ASSETS.
Recognizing dissatisfaction with the provisions of the guidelines of
the Central Intelligence Agency (promulgated in 1995) for handling cases
involving foreign assets or sources with human rights concerns and
recognizing that, although there have been recent modifications to those
guidelines, they do not fully address the challenges of both existing
and long-term threats to United States security, the Director of Central
Intelligence shall--
(1) rescind the existing guidelines for handling such cases;
(2) issue new guidelines that more appropriately weigh and
incentivize risks to ensure that qualified field intelligence
officers can, and should, swiftly and directly gather
intelligence from human sources in such a fashion as to ensure
the ability to provide timely information that would allow for
indications and warnings of plans and intentions of hostile
actions or events; and
(3) ensure that such information is shared in a broad and
expeditious fashion so that, to the extent possible, actions to
protect American lives and interests can be taken.
[[Page 115 STAT. 1404]]
SEC. 404. FULL REIMBURSEMENT FOR PROFESSIONAL LIABILITY INSURANCE OF
COUNTERTERRORISM EMPLOYEES.
Section 406(a)(2) of the Intelligence Authorization Act for Fiscal
Year 2001 (Public Law 106-567; 114 Stat. 2849; 5 U.S.C. prec. 5941 note)
is amended by striking ``one-half'' and inserting ``100 percent''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. AUTHORITY TO PURCHASE ITEMS OF NOMINAL VALUE FOR RECRUITMENT
PURPOSES.
(a) Authority.--Section 422 of title 10, United States Code, is
amended by adding at the end the following:
``(b) Promotional Items for Recruitment Purposes.--The Secretary of
Defense may use funds available for an intelligence element of the
Department of Defense to purchase promotional items of nominal value for
use in the recruitment of individuals for employment by that element.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 422. Use of funds for certain incidental purposes''.
(2) Such section is further amended by inserting at the beginning of
the text of the section the following:
``(a) Counterintelligence Official Reception and Representation
Expenses.--''.
(3) The item relating to such section in the table of sections at
the beginning of subchapter I of chapter 21 of such title is amended to
read as follows:
``422. Use of funds for certain incidental purposes.''.
SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY-OF-LIFE IMPROVEMENTS AT
MENWITH HILL AND BAD AIBLING STATIONS.
(a) Authority.--
(1) In addition to funds otherwise available for such
purpose, the Secretaries of the Army, Navy, and Air Force may
each transfer or reprogram such funds as are necessary--
(A) for the enhancement of the capabilities of the
Menwith Hill Station and Bad Aibling Station, including
improvements of facility infrastructure and quality of
life programs at those installations; and
(B) at the appropriate time, for costs associated
with the closure of the Bad Aibling Station.
(2) The authority provided in paragraph (1) may be exercised
notwithstanding any other provision of law.
(b) Source of Funds.--Funds available for any of the military
departments for operation and maintenance shall be available to carry
out subsection (a).
(c) Budget Report.--The Secretary of each military department shall
ensure--
(1) that the annual budget request of that military
department reflects any funds transferred or reprogrammed under
this section for the preceding fiscal year; and
[[Page 115 STAT. 1405]]
(2) that a copy of the portion of the budget request showing
each such transfer or reprogramming is transmitted to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
(d) Statutory Construction.--Nothing in this section may be
construed to modify or obviate existing law or practice with regard to
the transfer or reprogramming of funds from the Department of the Army,
the Department of the Navy, or the Department of the Air Force to the
Menwith Hill Station at the Bad Aibling Station.
SEC. 503. MODIFICATION OF AUTHORITIES RELATING TO OFFICIAL IMMUNITY IN
INTERDICTION OF AIRCRAFT ENGAGED IN ILLICIT DRUG
TRAFFICKING.
(a) Certification Required for Immunity.--Subsection (a)(2) of
section 1012 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 22 U.S.C. 2291-4) is amended by striking ``,
before the interdiction occurs, has determined'' in the matter preceding
subparagraph (A) and inserting ``has, during the 12-month period ending
on the date of the interdiction, certified to Congress''.
(b) Annual Reports.--That section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual <<NOTE: Deadline. President.>> Report.--(1) Not later
than February 1 each year, the President shall submit to Congress a
report on the assistance provided under subsection (b) during the
preceding calendar year. Each report shall include for the calendar year
covered by such report the following:
``(A) A list specifying each country for which a
certification referred to in subsection (a)(2) was in effect for
purposes of that subsection during any portion of such calendar
year, including the nature of the illicit drug trafficking
threat to each such country.
``(B) A detailed explanation of the procedures referred to
in subsection (a)(2)(B) in effect for each country listed under
subparagraph (A), including any training and other mechanisms in
place to ensure adherence to such procedures.
``(C) A complete description of any assistance provided
under subsection (b).
``(D) A summary description of the aircraft interception
activity for which the United States Government provided any
form of assistance under subsection (b).
``(2) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
SEC. 504. UNDERGRADUATE TRAINING PROGRAM FOR EMPLOYEES OF THE NATIONAL
IMAGERY AND MAPPING AGENCY.
(a) Authority To Carry Out Training Program.--Subchapter III of
chapter 22 of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 462. Financial assistance to certain employees in acquisition of
critical skills
``The Secretary of Defense may establish an undergraduate training
program with respect to civilian employees of the National
[[Page 115 STAT. 1406]]
Imagery and Mapping Agency that is similar in purpose, conditions,
content, and administration to the program established by the Secretary
of Defense under section 16 of the National Security Agency Act of 1959
(50 U.S.C. 402 note) for civilian employees of the National Security
Agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``462. Financial assistance to certain employees in acquisition of
critical skills.''.
SEC. 505. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND
PLANS RELATING TO DEPARTMENT OF DEFENSE INTELLIGENCE
ACTIVITIES.
(a) Consultation in Preparation.--The Director of Central
Intelligence shall ensure that any report, review, study, or plan
required to be prepared or conducted by a provision of this Act,
including a provision of the classified Schedule of Authorizations or a
classified annex to this Act, that involves the intelligence or
intelligence-related activities of the Department of Defense shall be
prepared or conducted in consultation with the Secretary of Defense or
an appropriate official of the Department designated by the Secretary
for that purpose.
(b) Submittal.--Any report, review, study, or plan referred to in
subsection (a) shall be submitted, in addition to any other committee of
Congress specified for submittal in the provision concerned, to the
following committees of Congress:
(1) The Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate.
SEC. 506. ENHANCEMENT OF SECURITY AUTHORITIES OF NATIONAL SECURITY
AGENCY.
Section 11 of the National Security Agency Act of 1959 (50 U.S.C.
402 note) is amended to read as follows:
``Sec. 11. (a)(1) The Director of the National Security Agency may
authorize agency personnel within the United States to perform the same
functions as special policemen of the General Services Administration
perform under the first section of the Act entitled `An Act to authorize
the Federal Works Administrator or officials of the Federal Works Agency
duly authorized by him to appoint special policemen for duty upon
Federal property under the jurisdiction of the Federal Works Agency, and
for other purposes' (40 U.S.C. 318) with the powers set forth in that
section, except that such personnel shall perform such functions and
exercise such powers--
``(A) at the National Security Agency Headquarters complex
and at any facilities and protected property which are solely
under the administration and control of, or are used exclusively
by, the National Security Agency; and
``(B) in the streets, sidewalks, and the open areas within
the zone beginning at the outside boundary of such facilities or
protected property and extending outward 500 feet.
[[Page 115 STAT. 1407]]
``(2) The performance of functions and exercise of powers under
subparagraph (B) of paragraph (1) shall be limited to those
circumstances where such personnel can identify specific and articulable
facts giving such personnel reason to believe that the performance of
such functions and exercise of such powers is reasonable to protect
against physical damage or injury, or threats of physical damage or
injury, to agency installations, property, or employees.
``(3) Nothing in this subsection shall be construed to preclude, or
limit in any way, the authority of any Federal, State, or local law
enforcement agency, or any other Federal police or Federal protective
service.
``(4) The rules and regulations enforced by such personnel shall be
the rules and regulations prescribed by the Director and shall only be
applicable to the areas referred to in subparagraph (A) of paragraph
(1).
``(5) <<NOTE: Deadline. Reports.>> Not later than July 1 each year,
the Director shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate a report that describes in detail the
exercise of the authority granted by this subsection and the underlying
facts supporting the exercise of such authority, during the preceding
fiscal year. The Director shall make each such report available to the
Inspector General of the National Security Agency.
``(b) The Director of the National Security Agency is authorized to
establish penalties for violations of the rules or regulations
prescribed by the Director under subsection (a). Such penalties shall
not exceed those specified in the fourth section of the Act referred to
in subsection (a) (40 U.S.C. 318c).
``(c) Agency personnel designated by the Director of the National
Security Agency under subsection (a) shall be clearly identifiable as
United States Government security personnel while engaged in the
performance of the functions to which subsection (a) refers.''.
Approved December 28, 2001.
LEGISLATIVE HISTORY--H.R. 2883 (S. 1428):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-219 (Permanent Select Comm. on Intelligence) and
107-328 (Comm. of Conference).
SENATE REPORTS: Nos. 107-63 (Select Comm. on Intelligence) and 107-92
(Comm. on Armed Services) both accompanying S. 1428.
CONGRESSIONAL RECORD, Vol. 147 (2001):
Oct. 5, considered and passed House.
Nov. 8, considered and passed Senate, amended, in lieu of S.
1428.
Dec. 12, House agreed to conference report.
Dec. 13, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Dec. 28, Presidential statement.
<all>
Conference report H. Rept. 107-328 filed. Filed late, pursuant to previous special order. (consideration: CR H9057-9065; text of conference report: CR H9058-9065)
Rules Committee Resolution H. Res. 312 Reported to House. Rule provides for consideration of the conference report to H.R. 2883. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read.
Rule H. Res. 312 passed House.
Mr. Goss brought up conference report H. Rept. 107-328 for consideration under the provisions of H. Res. 312. (consideration: CR H9247-9254)
DEBATE - The House proceeded with one hour of debate on the conference report.
The previous question was ordered without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.
Motions to reconsider laid on the table Agreed to without objection.
On agreeing to the conference report Agreed to by voice vote.
Conference papers: message on House action held at the desk in Senate.
Enacted as Public Law 107-108
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Conference papers: Senate report and manager's statement held at the desk in Senate.
Conference report agreed to in Senate: Senate agreed to conference report by Unanimous Consent Vote.(The H.R. 2883 conference report was considered agreed to when the Senate adopted the conference report on S. 1438, FY 2002 defense authorization. CR 12/13/2001 S13113) (consideration: CR S13113)
Senate agreed to conference report by Unanimous Consent Vote. (The H.R. 2883 conference report was considered agreed to when the Senate adopted the conference report on S. 1438, FY 2002 defense authorization. CR 12/13/2001 S13113) (consideration: CR S13113)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 107-108.
Became Public Law No: 107-108.