S. 1428 (107th): Intelligence Authorization Act for Fiscal Year 2002

107th Congress, 2001–2002. Text as of Nov 01, 2001 (Reported by Senate Committee).

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Calendar No. 214
107th CONGRESS
  1st Session
                                S. 1428

                          [Report No. 107-63]

                          [Report No. 107-92]

 To authorize appropriations for fiscal year 2002 for intelligence and 
 intelligence-related activities of the United States Government, the 
 Community Management Account of the Director of Central Intelligence, 
 and the Central Intelligence Agency Retirement and Disability System, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2001

  Mr. Graham, from the Select Committee on Intelligence, reported the 
   following original bill; which was read twice and referred to the 
 Committee on Armed Services pursuant to section 3(b) of S. Res. 400, 
     94th Congress for a period of not to exceed 30 days of session

                            November 1, 2001

                 Reported by Mr. Levin, with amendments
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2002 for intelligence and 
 intelligence-related activities of the United States Government, the 
 Community Management Account of the Director of Central Intelligence, 
 and the Central Intelligence Agency Retirement and Disability System, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 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.
                 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 
________ 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.

                 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)''.




                                                       Calendar No. 214

107th CONGRESS

  1st Session

                                S. 1428

                          [Report No. 107-63]

                          [Report No. 107-92]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for fiscal year 2002 for intelligence and 
 intelligence-related activities of the United States Government, the 
 Community Management Account of the Director of Central Intelligence, 
 and the Central Intelligence Agency Retirement and Disability System, 
                        and for other purposes.

_______________________________________________________________________

                            November 1, 2001

                        Reported with amendments