[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2883 Enrolled Bill (ENR)]
H.R.2883
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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 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.
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 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 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, 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
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.
``(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 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--
(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.
(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. 311. 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) 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).''.
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 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--
(1) in section 207(b)(1) (115 Stat. 282), 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), 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.
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
(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 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 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.
``(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) 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.