< Back to H.R. 2883 (107th Congress, 2001–2002)

Text of the Intelligence Authorization Act for Fiscal Year 2002

This bill was enacted after being signed by the President on December 28, 2001. The text of the bill below is as of Nov 9, 2001 (Passed the Senate (Engrossed) with an Amendment).

This is not the latest text of this bill.

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HR 2883 EAS

In the Senate of the United States,

November 8, 2001.

Resolved, That the bill from the House of Representatives (H.R. 2883) entitled ‘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.’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

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. Community Management Account.

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. Judicial review under Foreign Narcotics Kingpin Designation Act.

      Sec. 304. Modification of positions requiring consultation with Director of Central Intelligence in appointments.

      Sec. 305. Modification of reporting requirements for significant anticipated intelligence activities and significant intelligence failures.

      Sec. 306. Modification of authorities for protection of intelligence community employees who report urgent concerns to Congress.

      Sec. 307. Review of protections against the unauthorized disclosure of classified information.

      Sec. 308. Modification of authorities relating to official immunity in interdiction of aircraft engaged in illicit drug trafficking.

      Sec. 309. One-year suspension of reorganization of Diplomatic Telecommunications Service Program Office.

      Sec. 310. Presidential approval and submission to Congress of National Counterintelligence Strategy and National Threat Identification and Prioritization Assessments.

      Sec. 311. Preparation and submittal of reports, reviews, studies, and plans relating to Department of Defense intelligence activities.

      Sec. 312. Alien Terrorist Removal proceedings.

      Sec. 313. Technical modifications.

TITLE IV--CENTRAL INTELLIGENCE AGENCY

      Sec. 401. One-year extension of Central Intelligence Agency Voluntary Separation Pay Act.

      Sec. 402. Modifications of central services program.

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.

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 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. 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 $238,496,000. 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 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 Community Management Account or personnel detailed from other elements of the United States Government.

    (c) CLASSIFIED AUTHORIZATIONS-

      (1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized to be appropriated for the Community Management Account by subsection (a), there are also authorized to be appropriated for the 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 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 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 DRUG INTELLIGENCE CENTER-

      (1) IN GENERAL- Of the amount authorized to be appropriated in subsection (a), $27,000,000 shall be available for the National Drug Intelligence Center. Within such amount, 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.

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. 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. 304. 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. 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.

    ‘(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. 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--

      (1) in subparagraph (B), by striking the second sentence and inserting the following new sentence: ‘Upon making the determination, the Inspector General shall transmit to the Director notice of the 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 the determination, the Inspector General shall transmit to the head of the establishment notice of the 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. 307. 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.

    (c) REPORT- (1) 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. 308. 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; 108 Stat. 2837; 22 U.S.C. 2291-4) is amended by striking ‘, before the interdiction occurs, has determined’ 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 REPORTS- (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. 309. 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. 310. 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 the Strategy or any such Assessment, shall be approved by the President, and shall be submitted to the appropriate committees of Congress.

SEC. 311. 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 Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate.

      (2) The Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 312. ALIEN TERRORIST REMOVAL PROCEEDINGS.

    Section 504 of the Immigration and Nationality Act (8 U.S.C. 1534) is amended by adding the following subsection after subsection (k)--

    ‘(l) No later than 3 months from the date of enactment of this Act, the Attorney General shall submit a report to Congress 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 U.S.A. Patriot Act of 2001.’.

SEC. 313. TECHNICAL MODIFICATIONS.

    The Director of Central Intelligence shall provide, prior to conference, any technical modifications to existing legal authorities needed to facilitate Intelligence Community counterterrorism efforts.

TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. 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. 402. 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)’.

Attest:

Secretary.

107th CONGRESS

1st Session

H. R. 2883

AMENDMENT