2000
[DOCID: f:h2883eh.txt]
107th CONGRESS
1st Session
H. R. 2883
_______________________________________________________________________
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.
107th CONGRESS
1st Session
H. R. 2883
_______________________________________________________________________
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.
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. 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 the Congress on intelligence community contracting.
Sec. 304. Requirements for lodging allowances in intelligence community
assignment program benefits.
Sec. 305. Technical amendment.
Sec. 306. Commission on National Security Readiness.
Sec. 307. Implementation of recommendations of the National Commission
on Terrorism.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency's central
services program.
Sec. 402. Extension of CIA 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 interdiction of
aircraft engaged in illicit drug
trafficking.
Sec. 504. Undergraduate training program for employees of the National
Imagery and Mapping 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 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 two 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 promptly notify 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 Intelligence Community Management Account of the
Director of Central Intelligence for fiscal year 2002 the sum of
$152,776,000. 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 313 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 t
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he
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 not to exceed 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, test, 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 THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national security
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.
404(h)) 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. TECHNICAL AMENDMENT.
Section 106(b)(2)(C) of the National Security Act of 1947 (50
U.S.C. 403-6(b)(2)(C)) is amended by striking ``Nonproliferation and
National Security'' and inserting ``Intelligence and the Director of
the Office of Counterintelligence''.
SEC. 306. COMMISSION ON NATIONAL SECURITY READINESS.
(a) Establishment.--There is established a commission to be known
as the ``Commission on National Security Readiness'' (in this section
referred to as the ``Commission'').
(b) Duty.--
(1) Review.--With respect to the acts of terrorism
committed against the United States on September 11, 2001, the
Commission shall review the national security readiness of the
United States to identify structural impediments to the
effective collection, analysis, and sharing of information on
national security threats, particularly terrorism. For purposes
of the preceding sentence, the scope of the review shall
include--
(A) the Department of Defense (including the
intelligence elements of the Department),
(B) the Department of Justice (including the
intelligence elements of the Department),
(C) the Department of State (including the
intelligence elements of the Department),
(D) the Department of the Transportation (including
the intelligence elements of the Department),
(E) the Department of the Treasury (including the
intelligence elements of the Department),
(F) the Central Intelligence Agency, and
(G) the Federal Emergency Management Agency.
(2) Report.--The Commission shall submit the report
described in subsection (f).
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 8 members appointed as follows:
(A) The President shall appoint 2 members.
(B) The Speaker of the House of Representatives
shall appoint 2 members.
(C) The majority leader of the Senate shall appoint
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2 members.
(D) The minority leader of the House of
Representatives shall appoint 1 member.
(E) The minority leader of the Senate shall appoint
1 member.
(2) Qualifications.--(A) A member of the Commission shall
have substantial Federal law enforcement, intelligence, or
military experience with appropriate security clearance.
(B) A member of the Commission may not be a full-time
officer or employee of the United States.
(3) Terms.--
(A) In general.--Each member shall be appointed for
the life of the Commission.
(B) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office. A vacancy in the
Commission shall be filled in the manner in which the
original appointment was made.
(4) Basic pay.--
(A) Rates of pay.--Members shall serve without pay.
(B) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(5) Quorum.--6 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(6) Chairperson.--The Chairperson of the Commission shall
be elected by the members.
(d) Director and Staff of Commission.--
(1) Director.--The Commission shall have a Director who
shall be appointed by the Chairperson.
(2) Staff.--The Chairperson may appoint and fix the pay of
additional personnel as the Director considers appropriate.
(3) Applicability of certain civil service laws.--The
Director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates, except that an individual so
appointed may not receive pay in excess of the annual rate of
basic pay for GS-15 of the General Schedule.
(4) Experts and consultants.--With the approval of the
Chairperson, the Director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the
daily equivalent of the maximum annual rate of basic pay for
GS-15 of the General Schedule.
(5) Staff of federal agencies.--Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(e) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information, including classified information, necessary to
enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(6) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
supplies and services, without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5).
(f) Report.--The Commission shall transmit a report to the
President and the Congress not later than 1 year after the date by
which the Director has been appointed by the Chairperson. The report
shall contain a detailed statement of the findings and conclusions of
the Commission, together with its recommendations for legislation and
administrative actions the Commission considers appropriate, and shall
include a comprehensive assessment of security at the borders of the
United States with respect to terrorist and narcotic interdiction
efforts.
(g) Termination.--The Commission shall terminate on 30 days after
submitting the report required under subsection (f).
SEC. 307. IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL COMMISSION
ON TERRORISM.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of Central Intelligence, in
cooperation with the heads of the departments and agencies of the
United States involved, shall implement the recommended changes to
counterterrorism policy in preventing and punishing international
terrorism directed toward the United States contained in the report
submitted to the President and the Congress by the National Commission
on Terrorism established in section 591 of Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277;
112 Stat. 2681-210).
(b) Report.--(1) Not later than 90 days after the date of the
enactment of this Act, if the Director of Central Intelligence
determines that one or more of the recommended changes referred to in
subsection (a) will not be implemented, the Director shall submit to
the appropriate congressional committees a report containing a detailed
explanation of that determination.
(2) In this subsection, the term ``appropriate congressional
committees'' means the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE AGENCY'S CENTRAL
SERVICES PROGRAM.
Section 21 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403u) is amended as follows:
(1) Subsection (g)(1) is amended--
(A) by striking ``December'' and inserting
``January''; and
(B) by striking ``conduct'' and inserting
``complete''.
(2) Subsection (h) is amended--
(A) by striking paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2),
respectively;
(B) in paragraph (1), as so redesignated, by
striking ``(3)'' and inserting ``(2)''; and
(C) in paragraph (2), as so redesignated, by
striking ``(2)'' and inserting ``(1)''.
SEC. 402. EXTENSION OF CIA VOLUN
18a3
TARY SEPARATION PAY ACT.
(a) Extension of Authority.--Section 2(f) of the Central
Intelligence Agency Voluntary Separation Pay Act (Public Law 103-36, 50
U.S.C. 403-4 note) is amended by striking ``September 30, 2002'' and
inserting ``September 30, 2003''.
(b) Remittance of Funds.--Section 2(i) of that Act is amended 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,
the Director of Central Intelligence shall--
(1) rescind the provisions of the guidelines for handling
such cases; and
(2) provide for provisions for handling such cases that
more appropriately weigh and incentivize risks to achieve
successful operations.
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.
Section 506(b) of the Intelligence Authorization Act for Fiscal
Year 1996 (Public Law 104-93; 109 Stat. 974), as amended by section 502
of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law
105-107; 111 Stat. 2262) and by section 502 of the Intelligence
Authorization Act for Fiscal Year 2000 (Public Law 106-120; 113 Stat.
1619), is further amended by striking ``for fiscal years 2000 and
2001'' and inserting ``for fiscal years 2002 and 2003''.
SEC. 503. MODIFICATION OF AUTHORITIES RELATING TO 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) 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. 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 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.''.
Passed the House of Representatives October 5, 2001.
Attest:
Clerk.
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