Text: H.R.2883 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-108 (12/28/2001)

 
[107th Congress Public Law 108]
[From the U.S. Government Printing Office]


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[DOCID: f:publ108.107]


[[Page 1393]]

           INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2002

[[Page 115 STAT. 1394]]

Public Law 107-108
107th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 2002 for intelligence and 
  intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
 Retirement and Disability System, and for other purposes. <<NOTE: Dec. 
                       28, 2001 -  [H.R. 2883]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Intelligence Authorization 
Act for Fiscal Year 2002.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Codification of the Coast Guard as an element of the 
           intelligence community.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
           law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.
Sec. 304. Requirements for lodging allowances in intelligence community 
           assignment program benefits.
Sec. 305. Modification of reporting requirements for significant 
           anticipated intelligence activities and significant 
           intelligence failures.
Sec. 306. Report on implementation of recommendations of the National 
           Commission on Terrorism and other entities.
Sec. 307. Judicial review under Foreign Narcotics Kingpin Designation 
           Act.
Sec. 308. Modification of positions requiring consultation with Director 
           of Central Intelligence in appointments.
Sec. 309. Modification of authorities for protection of intelligence 
           community employees who report urgent concerns to Congress.
Sec. 310. Review of protections against the unauthorized disclosure of 
           classified information.
Sec. 311. One-year suspension of reorganization of Diplomatic 
           Telecommunications Service Program Office.
Sec. 312. Presidential approval and submission to Congress of National 
           Counterintelligence Strategy and National Threat 
           Identification and Prioritization Assessments.
Sec. 313. Report on alien terrorist removal proceedings.
Sec. 314. Technical amendments.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Modifications of central services program.

[[Page 115 STAT. 1395]]

Sec. 402. One-year extension of Central Intelligence Agency Voluntary 
           Separation Pay Act.
Sec. 403. Guidelines for recruitment of certain foreign assets.
Sec. 404. Full reimbursement for professional liability insurance of 
           counterterrorism employees.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Authority to purchase items of nominal value for recruitment 
           purposes.
Sec. 502. Funding for infrastructure and quality-of-life improvements at 
           Menwith Hill and Bad Aibling stations.
Sec. 503. Modification of authorities relating to official immunity in 
           interdiction of aircraft engaged in illicit drug trafficking.
Sec. 504. Undergraduate training program for employees of the National 
           Imagery and Mapping Agency.
Sec. 505. Preparation and submittal of reports, reviews, studies, and 
           plans relating to Department of Defense intelligence 
           activities.
Sec. 506. Enhancement of security authorities of National Security 
           Agency.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2002 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of the Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The National Reconnaissance Office.
            (11) The National Imagery and Mapping Agency.
            (12) The Coast Guard.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2002, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
H.R. 2883 of the One Hundred Seventh Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director of 
the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess of 
the number authorized for fiscal year 2002

[[Page 115 STAT. 1396]]

under section 102 when the Director of Central Intelligence determines 
that such action is necessary to the performance of important 
intelligence functions, except that the number of personnel employed in 
excess of the number authorized under such section may not, for any 
element of the intelligence community, exceed 2 percent of the number of 
civilian personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall notify promptly the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate whenever the Director exercises the authority 
granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 2002 the sum of $200,276,000. 
Within such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for the advanced research 
and development committee shall remain available until September 30, 
2003.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of Central 
Intelligence are authorized 343 full-time personnel as of September 30, 
2002. Personnel serving in such elements may be permanent employees of 
the Intelligence Community Management Account or personnel detailed from 
other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are also authorized 
        to be appropriated for the Intelligence Community Management 
        Account for fiscal year 2002 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts shall remain 
        available until September 30, 2003.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2002, there are hereby authorized such additional personnel for 
        such elements as of that date as are specified in the classified 
        Schedule of Authorizations.

    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2002 
any officer or employee of the United States or a member of the Armed 
Forces who is detailed to the staff of the Intelligence Community 
Management Account from another element of the United States Government 
shall be detailed on a reimbursable basis, except that any such officer, 
employee, or member may be detailed on a nonreimbursable basis for a 
period of less than one year for the performance of temporary functions 
as required by the Director of Central Intelligence.
    (e) National <<NOTE: 28 USC 873 note.>> Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be appropriated 
        in subsection (a), $44,000,000 shall be available for the 
        National Drug Intelligence Center. Within such amount,

[[Page 115 STAT. 1397]]

        funds provided for research, development, testing, and 
        evaluation purposes shall remain available until September 30, 
        2003, and funds provided for procurement purposes shall remain 
        available until September 30, 2004.
            (2) Transfer of funds.--The Director of Central Intelligence 
        shall transfer to the Attorney General funds available for the 
        National Drug Intelligence Center under paragraph (1). The 
        Attorney General shall utilize funds so transferred for the 
        activities of the National Drug Intelligence Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used in contravention of the 
        provisions of section 103(d)(1) of the National Security Act of 
        1947 (50 U.S.C. 403-3(d)(1)).
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.

SEC. 105. CODIFICATION OF THE COAST GUARD AS AN ELEMENT OF THE 
            INTELLIGENCE COMMUNITY.

    Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C. 
401a(4)(H)) is amended--
            (1) by striking ``and'' before ``the Department of Energy''; 
        and
            (2) by inserting ``, and the Coast Guard'' before the 
        semicolon.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2002 the sum of 
$212,000,000.

                      TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
            LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of the 
United States.

SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of Congress that the Director of Central 
Intelligence should continue to direct that elements of the intelligence 
community, whenever compatible with the national security

[[Page 115 STAT. 1398]]

interests of the United States and consistent with operational and 
security concerns related to the conduct of intelligence activities, and 
where fiscally sound, should competitively award contracts in a manner 
that maximizes the procurement of products properly designated as having 
been made in the United States.

SEC. 304. REQUIREMENTS FOR LODGING ALLOWANCES IN INTELLIGENCE COMMUNITY 
            ASSIGNMENT PROGRAM BENEFITS.

    Section 113(b) of the National Security Act of 1947 (50 U.S.C. 
404h(b)) is amended--
            (1) by inserting ``(1)'' before ``An employee''; and
            (2) by adding at the end the following new paragraph:

    ``(2) The head of an agency of an employee detailed under subsection 
(a) may pay a lodging allowance for the employee subject to the 
following conditions:
            ``(A) The allowance shall be the lesser of the cost of the 
        lodging or a maximum amount payable for the lodging as 
        established jointly by the Director of Central Intelligence 
        and--
                    ``(i) with respect to detailed employees of the 
                Department of Defense, the Secretary of Defense; and
                    ``(ii) with respect to detailed employees of other 
                agencies and departments, the head of such agency or 
                department.
            ``(B) The detailed employee maintains a primary residence 
        for the employee's immediate family in the local commuting area 
        of the parent agency duty station from which the employee 
        regularly commuted to such duty station before the detail.
            ``(C) The lodging is within a reasonable proximity of the 
        host agency duty station.
            ``(D) The distance between the detailed employee's parent 
        agency duty station and the host agency duty station is greater 
        than 20 miles.
            ``(E) The distance between the detailed employee's primary 
        residence and the host agency duty station is 10 miles greater 
        than the distance between such primary residence and the 
        employees parent duty station.
            ``(F) The rate of pay applicable to the detailed employee 
        does not exceed the rate of basic pay for grade GS-15 of the 
        General Schedule.''.

SEC. 305. MODIFICATION OF REPORTING REQUIREMENTS FOR SIGNIFICANT 
            ANTICIPATED INTELLIGENCE ACTIVITIES AND SIGNIFICANT 
            INTELLIGENCE FAILURES.

    Section 502 of the National Security Act of 1947 (50 U.S.C. 413a) is 
amended--
            (1) by inserting ``(a) In General.--'' before ``To the 
        extent''; and
            (2) by adding at the end the following new subsections:

    ``(b) Form and Contents of Certain Reports.--Any report relating to 
a significant anticipated intelligence activity or a significant 
intelligence failure that is submitted to the intelligence committees 
for purposes of subsection (a)(1) shall be in writing, and shall contain 
the following:
            ``(1) A concise statement of any facts pertinent to such 
        report.
            ``(2) An explanation of the significance of the intelligence 
        activity or intelligence failure covered by such report.

[[Page 115 STAT. 1399]]

    ``(c) Standards and Procedures for Certain Reports.--The Director of 
Central Intelligence, in consultation with the heads of the departments, 
agencies, and entities referred to in subsection (a), shall establish 
standards and procedures applicable to reports covered by subsection 
(b).''.

SEC. 306. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL 
            COMMISSION ON TERRORISM AND OTHER ENTITIES.

    (a) In <<NOTE: Deadline.>> General.--Not later than 120 days after 
the date of the enactment of this Act, the Director of Central 
Intelligence shall submit to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate a report concerning whether, and to what 
extent, the Intelligence Community has implemented recommendations 
relevant to the Intelligence Community as set forth in the following:
            (1) The report prepared by the National Commission on 
        Terrorism established by section 591 of the Omnibus Consolidated 
        and Emergency Supplemental Appropriations Act, 1999 (Public Law 
        105-277).
            (2) The report prepared by the United States Commission on 
        National Security for the 21st Century, Phase III, dated 
        February 15, 2001.
            (3) The second annual report of the advisory panel to assess 
        domestic response capabilities for terrorism involving weapons 
        of mass destruction established pursuant to section 1405 of the 
        National Defense Authorization Act for Fiscal Year 1999 (Public 
        Law 105-261; 50 U.S.C. 2301 note).

    (b) Recommendations Determined Not To Be Adopted.--In a case in 
which the Director determines that a recommendation described in 
subsection (a) has not been implemented, the report under that 
subsection shall include a detailed explanation of the reasons for not 
implementing that recommendation.

SEC. 307. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN DESIGNATION 
            ACT.

    Section 805 of the Foreign Narcotics Kingpin Designation Act (title 
VIII of Public Law 106-120; 113 Stat. 1629; 21 U.S.C. 1904) is amended 
by striking subsection (f).

SEC. 308. MODIFICATION OF POSITIONS REQUIRING CONSULTATION WITH DIRECTOR 
            OF CENTRAL INTELLIGENCE IN APPOINTMENTS.

    Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C. 
403-6(b)(2)) is amended by striking subparagraph (C) and inserting the 
following new subparagraphs:
            ``(C) The Director of the Office of Intelligence of the 
        Department of Energy.
            ``(D) The Director of the Office of Counterintelligence of 
        the Department of Energy.''.

SEC. 309. MODIFICATION OF AUTHORITIES FOR PROTECTION OF INTELLIGENCE 
            COMMUNITY EMPLOYEES WHO REPORT URGENT CONCERNS TO CONGRESS.

    (a) Authority of Inspector General of Central Intelligence Agency.--
Section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403q(d)(5)) is amended--

[[Page 115 STAT. 1400]]

            (1) in subparagraph (B), by striking the second sentence and 
        inserting the following new sentence: ``Upon making such a 
        determination, the Inspector General shall transmit to the 
        Director notice of that determination, together with the 
        complaint or information.''; and
            (2) in subparagraph (D)(i), by striking ``does not 
        transmit,'' and all that follows through ``subparagraph (B),'' 
        and inserting ``does not find credible under subparagraph (B) a 
        complaint or information submitted under subparagraph (A), or 
        does not transmit the complaint or information to the Director 
        in accurate form under subparagraph (B),''.

    (b) Authorities of Inspectors General of the Intelligence 
Community.--Section 8H of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in subsection (b), by striking the second sentence and 
        inserting the following new sentence: ``Upon making such a 
        determination, the Inspector General shall transmit to the head 
        of the establishment notice of that determination, together with 
        the complaint or information.''; and
            (2) in subsection (d)(1), by striking ``does not transmit,'' 
        and all that follows through ``subsection (b),'' and inserting 
        ``does not find credible under subsection (b) a complaint or 
        information submitted to the Inspector General under subsection 
        (a), or does not transmit the complaint or information to the 
        head of the establishment in accurate form under subsection 
        (b),''.

SEC. 310. REVIEW OF PROTECTIONS AGAINST THE UNAUTHORIZED DISCLOSURE OF 
            CLASSIFIED INFORMATION.

    (a) Requirement.--The Attorney General shall, in consultation with 
the Secretary of Defense, Secretary of State, Secretary of Energy, 
Director of Central Intelligence, and heads of such other departments, 
agencies, and entities of the United States Government as the Attorney 
General considers appropriate, carry out a comprehensive review of 
current protections against the unauthorized disclosure of classified 
information, including--
            (1) any mechanisms available under civil or criminal law, or 
        under regulation, to detect the unauthorized disclosure of such 
        information; and
            (2) any sanctions available under civil or criminal law, or 
        under regulation, to deter and punish the unauthorized 
        disclosure of such information.

    (b) Particular Considerations.--In carrying out the review required 
by subsection (a), the Attorney General shall consider, in particular--
            (1) whether the administrative regulations and practices of 
        the intelligence community are adequate, in light of the 
        particular requirements of the intelligence community, to 
        protect against the unauthorized disclosure of classified 
        information; and
            (2) whether recent developments in technology, and 
        anticipated developments in technology, necessitate particular 
        modifications of current protections against the unauthorized 
        disclosure of classified information in order to further protect 
        against the unauthorized disclosure of such information.

[[Page 115 STAT. 1401]]

    (c) Report.--(1) <<NOTE: Deadline.>> Not later than May 1, 2002, the 
Attorney General shall submit to Congress a report on the review carried 
out under subsection (a). The report shall include the following:
            (A) A comprehensive description of the review, including the 
        findings of the Attorney General as a result of the review.
            (B) An assessment of the efficacy and adequacy of current 
        laws and regulations against the unauthorized disclosure of 
        classified information, including whether or not modifications 
        of such laws or regulations, or additional laws or regulations, 
        are advisable in order to further protect against the 
        unauthorized disclosure of such information.
            (C) Any recommendations for legislative or administrative 
        action that the Attorney General considers appropriate, 
        including a proposed draft for any such action, and a 
        comprehensive analysis of the Constitutional and legal 
        ramifications of any such action.

    (2) The report shall be submitted in unclassified form, but may 
include a classified annex.

SEC. 311. <<NOTE: 22 USC 7301 note.>> ONE-YEAR SUSPENSION OF 
            REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE 
            PROGRAM OFFICE.

    Notwithstanding any provision of subtitle B of title III of the 
Intelligence Authorization Act for Fiscal Year 2001 (Public Law 106-567; 
114 Stat. 2843; 22 U.S.C. 7301 et seq.), relating to the reorganization 
of the Diplomatic Telecommunications Service Program Office, no 
provision of that subtitle shall be effective during the period 
beginning on the date of the enactment of this Act and ending on October 
1, 2002.

SEC. 312. PRESIDENTIAL APPROVAL AND SUBMISSION TO CONGRESS OF NATIONAL 
            COUNTERINTELLIGENCE STRATEGY AND NATIONAL THREAT 
            IDENTIFICATION AND PRIORITIZATION ASSESSMENTS.

    The National Counterintelligence Strategy, and each National Threat 
Identification and Prioritization Assessment, produced under 
Presidential Decision Directive 75, dated December 28, 2000, entitled 
``U.S. Counterintelligence Effectiveness--Counterintelligence for the 
21st Century'', including any modification of that Strategy or any such 
Assessment, may only take effect if approved by the President. The 
Strategy, each Assessment, and any modification thereof, shall be 
submitted to the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate.

SEC. 313. REPORT ON ALIEN TERRORIST REMOVAL PROCEEDINGS.

    Section 504 of the Immigration and Nationality Act (8 U.S.C. 1534) 
is amended by adding after subsection (k) the following new subsection:
    ``(l) <<NOTE: Deadline.>> Not later than 3 months from the date of 
the enactment of this subsection, the Attorney General shall submit to 
Congress a report concerning the effect and efficacy of alien terrorist 
removal proceedings, including the reasons why proceedings pursuant to 
this section have not been used by the Attorney General in the past and 
the effect on the use of these proceedings after the enactment of the 
USA PATRIOT Act of 2001 (Public Law 107-56).''.

[[Page 115 STAT. 1402]]

SEC. 314. TECHNICAL AMENDMENTS.

    (a) FISA.--The Foreign Intelligence Surveillance Act of 1978 is 
amended as follows:
            (1) Section 101(h)(4) (50 U.S.C. 1801(h)(4)) is amended by 
        striking ``twenty-four hours'' and inserting ``72 hours''.
            (2) Section 105 (50 U.S.C. 1805) is amended--
                    (A) by inserting ``, if known'' in subsection 
                (c)(1)(B) before the semicolon at the end;
                    (B) by striking ``twenty-four hours'' in subsection 
                (f) each place it appears and inserting ``72 hours'';
                    (C) by transferring the subsection (h) added by 
                section 225 of the USA PATRIOT Act (Public Law 107-56; 
                115 Stat. 295) so as to appear after (rather than 
                before) the subsection (h) redesignated by section 
                602(b)(2) of the Counterintelligence Reform Act of 2000 
                (title VI of Public Law 106-567; 114 Stat. 2851) and 
                redesignating that subsection as so transferred as 
                subsection (i); and
                    (D) in the subsection transferred and redesignated 
                by subparagraph (C), by inserting ``for electronic 
                surveillance or physical search'' before the period at 
                the end.
            (3) Section 301(4)(D) (50 U.S.C. 1821(4)(D)) is amended by 
        striking ``24 hours'' and inserting ``72 hours''.
            (4) Section 304(e) (50 U.S.C. 1824(e)) is amended by 
        striking ``24 hours'' each place it appears and inserting ``72 
        hours''.
            (5) Section 402 (50 U.S.C. 1842) is amended--
                    (A) in subsection (c), as amended by paragraphs (2) 
                and (3) of section 214(a) of the USA PATRIOT Act (115 
                Stat. 286), by inserting ``and'' at the end of paragraph 
                (1); and
                    (B) in subsection (f), by striking ``of a court'' 
                and inserting ``of an order issued''.
            (6) Subsection (a) of section 501 (50 U.S.C. 1861), as 
        inserted by section 215 of the USA PATRIOT Act (115 Stat. 287), 
        is amended by inserting ``to obtain foreign intelligence 
        information not concerning a United States person or'' in 
        paragraph (1) after ``an investigation''.
            (7) Section 502 (50 U.S.C. 1862), as inserted by section 215 
        of the USA PATRIOT Act (115 Stat. 288), is amended by striking 
        ``section 402'' both places it appears and inserting ``section 
        501''.
            (8) The table of contents in the first section is amended--
                    (A) by inserting ``Sec.'' at the beginning of the 
                items relating to sections 401, 402, 403, 404, 405, 406, 
                and 601; and
                    (B) by striking the items relating to sections 501, 
                502, and 503 and inserting the following:

``Sec. 501. Access to certain business records for foreign intelligence 
           and international terrorism investigations.
``Sec. 502. Congressional oversight.''.

    (b) Title 18, United States Code.--Paragraph (19) of section 2510 of 
title 18, United States Code, as added by section 203(b)(2)(C) of the 
USA PATRIOT Act (115 Stat. 280), is amended by inserting ``, for 
purposes of section 2517(6) of this title,'' before ``means''.
    (c) USA <<NOTE: Effective date.>> Patriot Act.--Effective as of the 
enactment of such Act and as if included therein as originally enacted, 
the USA PATRIOT Act (Public Law 107-56) is amended--

[[Page 115 STAT. 1403]]

            (1) in section 207(b)(1) (115 Stat. 282), <<NOTE: 50 USC 
        1805.>> by striking ``105(d)(2)'' and ``1805(d)(2)'' and 
        inserting ``105(e)(2)'' and ``1805(e)(2)'', respectively; and
            (2) in section 1003 (115 Stat. 392), <<NOTE: 50 USC 
        1801.>> by inserting ``of 1978'' after ``Act''.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. MODIFICATIONS OF CENTRAL SERVICES PROGRAM.

    (a) Annual Audits.--Subsection (g)(1) of section 21 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended--
            (1) by striking ``December 31'' and inserting ``January 
        31''; and
            (2) by striking ``conduct'' and inserting ``complete''.

    (b) Permanent Authority.--Subsection (h) of that section is 
amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively;
            (3) in paragraph (1), as so redesignated, by striking 
        ``paragraph (3)'' and inserting ``paragraph (2)''; and
            (4) in paragraph (2), as so redesignated, by striking 
        ``paragraph (2)'' and inserting ``paragraph (1)''.

SEC. 402. ONE-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY 
            SEPARATION PAY ACT.

    Section 2 of the Central Intelligence Agency Voluntary Separation 
Pay Act (50 U.S.C. 403-4 note) is amended--
            (1) in subsection (f), by striking ``September 30, 2002'' 
        and inserting ``September 30, 2003''; and
            (2) in subsection (i), by striking ``or 2002'' and inserting 
        ``2002, or 2003''.

SEC. 403. GUIDELINES FOR RECRUITMENT OF CERTAIN FOREIGN ASSETS.

    Recognizing dissatisfaction with the provisions of the guidelines of 
the Central Intelligence Agency (promulgated in 1995) for handling cases 
involving foreign assets or sources with human rights concerns and 
recognizing that, although there have been recent modifications to those 
guidelines, they do not fully address the challenges of both existing 
and long-term threats to United States security, the Director of Central 
Intelligence shall--
            (1) rescind the existing guidelines for handling such cases;
            (2) issue new guidelines that more appropriately weigh and 
        incentivize risks to ensure that qualified field intelligence 
        officers can, and should, swiftly and directly gather 
        intelligence from human sources in such a fashion as to ensure 
        the ability to provide timely information that would allow for 
        indications and warnings of plans and intentions of hostile 
        actions or events; and
            (3) ensure that such information is shared in a broad and 
        expeditious fashion so that, to the extent possible, actions to 
        protect American lives and interests can be taken.

[[Page 115 STAT. 1404]]

SEC. 404. FULL REIMBURSEMENT FOR PROFESSIONAL LIABILITY INSURANCE OF 
            COUNTERTERRORISM EMPLOYEES.

    Section 406(a)(2) of the Intelligence Authorization Act for Fiscal 
Year 2001 (Public Law 106-567; 114 Stat. 2849; 5 U.S.C. prec. 5941 note) 
is amended by striking ``one-half'' and inserting ``100 percent''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. AUTHORITY TO PURCHASE ITEMS OF NOMINAL VALUE FOR RECRUITMENT 
            PURPOSES.

    (a) Authority.--Section 422 of title 10, United States Code, is 
amended by adding at the end the following:
    ``(b) Promotional Items for Recruitment Purposes.--The Secretary of 
Defense may use funds available for an intelligence element of the 
Department of Defense to purchase promotional items of nominal value for 
use in the recruitment of individuals for employment by that element.''.
    (b) Clerical Amendments.--(1) The heading of such section is amended 
to read as follows:

``Sec. 422. Use of funds for certain incidental purposes''.

    (2) Such section is further amended by inserting at the beginning of 
the text of the section the following:
    ``(a) Counterintelligence Official Reception and Representation 
Expenses.--''.
    (3) The item relating to such section in the table of sections at 
the beginning of subchapter I of chapter 21 of such title is amended to 
read as follows:

``422. Use of funds for certain incidental purposes.''.

SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY-OF-LIFE IMPROVEMENTS AT 
            MENWITH HILL AND BAD AIBLING STATIONS.

    (a) Authority.--
            (1) In addition to funds otherwise available for such 
        purpose, the Secretaries of the Army, Navy, and Air Force may 
        each transfer or reprogram such funds as are necessary--
                    (A) for the enhancement of the capabilities of the 
                Menwith Hill Station and Bad Aibling Station, including 
                improvements of facility infrastructure and quality of 
                life programs at those installations; and
                    (B) at the appropriate time, for costs associated 
                with the closure of the Bad Aibling Station.
            (2) The authority provided in paragraph (1) may be exercised 
        notwithstanding any other provision of law.

    (b) Source of Funds.--Funds available for any of the military 
departments for operation and maintenance shall be available to carry 
out subsection (a).
    (c) Budget Report.--The Secretary of each military department shall 
ensure--
            (1) that the annual budget request of that military 
        department reflects any funds transferred or reprogrammed under 
        this section for the preceding fiscal year; and

[[Page 115 STAT. 1405]]

            (2) that a copy of the portion of the budget request showing 
        each such transfer or reprogramming is transmitted to the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.

    (d) Statutory Construction.--Nothing in this section may be 
construed to modify or obviate existing law or practice with regard to 
the transfer or reprogramming of funds from the Department of the Army, 
the Department of the Navy, or the Department of the Air Force to the 
Menwith Hill Station at the Bad Aibling Station.

SEC. 503. MODIFICATION OF AUTHORITIES RELATING TO OFFICIAL IMMUNITY IN 
            INTERDICTION OF AIRCRAFT ENGAGED IN ILLICIT DRUG 
            TRAFFICKING.

    (a) Certification Required for Immunity.--Subsection (a)(2) of 
section 1012 of the National Defense Authorization Act for Fiscal Year 
1995 (Public Law 103-337; 22 U.S.C. 2291-4) is amended by striking ``, 
before the interdiction occurs, has determined'' in the matter preceding 
subparagraph (A) and inserting ``has, during the 12-month period ending 
on the date of the interdiction, certified to Congress''.
    (b) Annual Reports.--That section is further amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Annual <<NOTE: Deadline. President.>> Report.--(1) Not later 
than February 1 each year, the President shall submit to Congress a 
report on the assistance provided under subsection (b) during the 
preceding calendar year. Each report shall include for the calendar year 
covered by such report the following:
            ``(A) A list specifying each country for which a 
        certification referred to in subsection (a)(2) was in effect for 
        purposes of that subsection during any portion of such calendar 
        year, including the nature of the illicit drug trafficking 
        threat to each such country.
            ``(B) A detailed explanation of the procedures referred to 
        in subsection (a)(2)(B) in effect for each country listed under 
        subparagraph (A), including any training and other mechanisms in 
        place to ensure adherence to such procedures.
            ``(C) A complete description of any assistance provided 
        under subsection (b).
            ``(D) A summary description of the aircraft interception 
        activity for which the United States Government provided any 
        form of assistance under subsection (b).

    ``(2) Each report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.''.

SEC. 504. UNDERGRADUATE TRAINING PROGRAM FOR EMPLOYEES OF THE NATIONAL 
            IMAGERY AND MAPPING AGENCY.

    (a) Authority To Carry Out Training Program.--Subchapter III of 
chapter 22 of title 10, United States Code, is amended by adding at the 
end the following new section:

``Sec. 462. Financial assistance to certain employees in acquisition of 
                        critical skills

    ``The Secretary of Defense may establish an undergraduate training 
program with respect to civilian employees of the National

[[Page 115 STAT. 1406]]

Imagery and Mapping Agency that is similar in purpose, conditions, 
content, and administration to the program established by the Secretary 
of Defense under section 16 of the National Security Agency Act of 1959 
(50 U.S.C. 402 note) for civilian employees of the National Security 
Agency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``462. Financial assistance to certain employees in acquisition of 
           critical skills.''.

SEC. 505. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND 
            PLANS RELATING TO DEPARTMENT OF DEFENSE INTELLIGENCE 
            ACTIVITIES.

    (a) Consultation in Preparation.--The Director of Central 
Intelligence shall ensure that any report, review, study, or plan 
required to be prepared or conducted by a provision of this Act, 
including a provision of the classified Schedule of Authorizations or a 
classified annex to this Act, that involves the intelligence or 
intelligence-related activities of the Department of Defense shall be 
prepared or conducted in consultation with the Secretary of Defense or 
an appropriate official of the Department designated by the Secretary 
for that purpose.
    (b) Submittal.--Any report, review, study, or plan referred to in 
subsection (a) shall be submitted, in addition to any other committee of 
Congress specified for submittal in the provision concerned, to the 
following committees of Congress:
            (1) The Committee on Armed Services, the Committee on 
        Appropriations, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.
            (2) The Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on Intelligence of the 
        Senate.

SEC. 506. ENHANCEMENT OF SECURITY AUTHORITIES OF NATIONAL SECURITY 
            AGENCY.

    Section 11 of the National Security Agency Act of 1959 (50 U.S.C. 
402 note) is amended to read as follows:
    ``Sec. 11. (a)(1) The Director of the National Security Agency may 
authorize agency personnel within the United States to perform the same 
functions as special policemen of the General Services Administration 
perform under the first section of the Act entitled `An Act to authorize 
the Federal Works Administrator or officials of the Federal Works Agency 
duly authorized by him to appoint special policemen for duty upon 
Federal property under the jurisdiction of the Federal Works Agency, and 
for other purposes' (40 U.S.C. 318) with the powers set forth in that 
section, except that such personnel shall perform such functions and 
exercise such powers--
            ``(A) at the National Security Agency Headquarters complex 
        and at any facilities and protected property which are solely 
        under the administration and control of, or are used exclusively 
        by, the National Security Agency; and
            ``(B) in the streets, sidewalks, and the open areas within 
        the zone beginning at the outside boundary of such facilities or 
        protected property and extending outward 500 feet.

[[Page 115 STAT. 1407]]

    ``(2) The performance of functions and exercise of powers under 
subparagraph (B) of paragraph (1) shall be limited to those 
circumstances where such personnel can identify specific and articulable 
facts giving such personnel reason to believe that the performance of 
such functions and exercise of such powers is reasonable to protect 
against physical damage or injury, or threats of physical damage or 
injury, to agency installations, property, or employees.
    ``(3) Nothing in this subsection shall be construed to preclude, or 
limit in any way, the authority of any Federal, State, or local law 
enforcement agency, or any other Federal police or Federal protective 
service.
    ``(4) The rules and regulations enforced by such personnel shall be 
the rules and regulations prescribed by the Director and shall only be 
applicable to the areas referred to in subparagraph (A) of paragraph 
(1).
    ``(5) <<NOTE: Deadline. Reports.>> Not later than July 1 each year, 
the Director shall submit to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate a report that describes in detail the 
exercise of the authority granted by this subsection and the underlying 
facts supporting the exercise of such authority, during the preceding 
fiscal year. The Director shall make each such report available to the 
Inspector General of the National Security Agency.

    ``(b) The Director of the National Security Agency is authorized to 
establish penalties for violations of the rules or regulations 
prescribed by the Director under subsection (a). Such penalties shall 
not exceed those specified in the fourth section of the Act referred to 
in subsection (a) (40 U.S.C. 318c).
    ``(c) Agency personnel designated by the Director of the National 
Security Agency under subsection (a) shall be clearly identifiable as 
United States Government security personnel while engaged in the 
performance of the functions to which subsection (a) refers.''.

    Approved December 28, 2001.

LEGISLATIVE HISTORY--H.R. 2883 (S. 1428):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 107-219 (Permanent Select Comm. on Intelligence) and 
107-328 (Comm. of Conference).
SENATE REPORTS: Nos. 107-63 (Select Comm. on Intelligence) and 107-92 
(Comm. on Armed Services) both accompanying S. 1428.
CONGRESSIONAL RECORD, Vol. 147 (2001):
            Oct. 5, considered and passed House.
            Nov. 8, considered and passed Senate, amended, in lieu of S. 
                1428.
            Dec. 12, House agreed to conference report.
            Dec. 13, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
            Dec. 28, Presidential statement.

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