[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 1428 Reported in Senate (RS)]
Calendar No. 214
107th CONGRESS
1st Session
S. 1428
[Report No. 107-63]
[Report No. 107-92]
To authorize appropriations for fiscal year 2002 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account of the Director of Central Intelligence,
and the Central Intelligence Agency Retirement and Disability System,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2001
Mr. Graham, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and referred to the
Committee on Armed Services pursuant to section 3(b) of S. Res. 400,
94th Congress for a period of not to exceed 30 days of session
November 1, 2001
Reported by Mr. Levin, with amendments
[Insert the part printed in italic]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2002 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account of the Director of Central Intelligence,
and the Central Intelligence Agency Retirement and Disability System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Judicial review under Foreign Narcotics Kingpin Designation
Act.
Sec. 304. Modification of positions requiring consultation with
Director of Central Intelligence in
appointments.
Sec. 305. Modification of reporting requirements for significant
anticipated intelligence activities and
significant intelligence failures.
Sec. 306. Modification of authorities for protection of intelligence
community employees who report urgent
concerns to Congress.
Sec. 307. Review of protections against the unauthorized disclosure of
classified information.
Sec. 308. Modification of authorities relating to official immunity in
interdiction of aircraft engaged in illicit
drug trafficking.
Sec. 309. One-year suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 310. Presidential approval and submission to Congress of National
Counterintelligence Strategy and National
Threat Identification and Prioritization
Assessments.
Sec. 311. Preparation and submittal of reports, reviews, studies, and
plans relating to Department of Defense
intelligence activities.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. One-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 402. Modifications of central services program.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2002
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2002, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
________ of the One Hundred Seventh Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2002 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall notify promptly the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate whenever the Director exercises the
authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 2002 the sum of $238,496,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the advanced research
and development committee shall remain available until September 30,
2003.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized 343 full-time personnel as of September 30, 2002. Personnel
serving in such elements may be permanent employees of the Community
Management Account or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Community
Management Account by subsection (a), there are also authorized
to be appropriated for the Community Management Account for
fiscal year 2002 such additional amounts as are specified in
the classified Schedule of Authorizations referred to in
section 102(a). Such additional amounts shall remain available
until September 30, 2003.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 2002, there
are hereby authorized such additional personnel for such
elements as of that date as are specified in the classified
Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2002
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Community Management Account
from another element of the United States Government shall be detailed
on a reimbursable basis, except that any such officer, employee, or
member may be detailed on a nonreimbursable basis for a period of less
than one year for the performance of temporary functions as required by
the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $27,000,000 shall be available
for the National Drug Intelligence Center. Within such amount,
funds provided for research, development, testing, and
evaluation purposes shall remain available until September 30,
2003, and funds provided for procurement purposes shall remain
available until September 30, 2004.
(2) Transfer of funds.--The Director of Central
Intelligence shall transfer to the Attorney General funds
available for the National Drug Intelligence Center under
paragraph (1). The Attorney General shall utilize funds so
transferred for the activities of the National Drug
Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority.--Notwithstanding any other provision of law,
the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2002 the sum of
$212,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN DESIGNATION
ACT.
Section 805 of the Foreign Narcotics Kingpin Designation Act (title
VIII of Public Law 106-120; 113 Stat. 1629; 21 U.S.C. 1904) is amended
by striking subsection (f).
SEC. 304. MODIFICATION OF POSITIONS REQUIRING CONSULTATION WITH
DIRECTOR OF CENTRAL INTELLIGENCE IN APPOINTMENTS.
Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C.
403-6(b)(2)) is amended by striking subparagraph (C) and inserting the
following new subparagraphs:
``(C) The Director of the Office of Intelligence of the
Department of Energy.
``(D) The Director of the Office of Counterintelligence of
the Department of Energy''.
SEC. 305. MODIFICATION OF REPORTING REQUIREMENTS FOR SIGNIFICANT
ANTICIPATED INTELLIGENCE ACTIVITIES AND SIGNIFICANT
INTELLIGENCE FAILURES.
Section 502 of the National Security Act of 1947 (50 U.S.C. 413a)
is amended--
(1) by inserting ``(a) In General.--'' before ``To the
extent''; and
(2) by adding at the end the following new subsections:
``(b) Form and Contents of Certain Reports.--Any report relating to
a significant anticipated intelligence activity or a significant
intelligence failure that is submitted to the intelligence committees
for purposes of subsection (a)(1) shall be in writing, and shall
contain the following:
``(1) A concise statement of any facts pertinent to such
report.
``(2) An explanation of the significance of the
intelligence activity or intelligence failure covered by such
report.
``(c) Standards and Procedures for Certain Reports.--The Director
of Central Intelligence, in consultation with the heads of the
departments, agencies, and entities referred to in subsection (a),
shall establish standards and procedures applicable to reports covered
by subsection (b).''.
SEC. 306. MODIFICATION OF AUTHORITIES FOR PROTECTION OF INTELLIGENCE
COMMUNITY EMPLOYEES WHO REPORT URGENT CONCERNS TO
CONGRESS.
(a) Authority of Inspector General of Central Intelligence
Agency.--Section 17(d)(5) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(d)(5)) is amended--
(1) in subparagraph (B), by striking the second sentence
and inserting the following new sentence: ``Upon making the
determination, the Inspector General shall transmit to the
Director notice of the determination, together with the
complaint or information.''; and
(2) in subparagraph (D)(i), by striking ``does not
transmit,'' and all that follows through ``subparagraph (B),''
and inserting ``does not find credible under subparagraph (B) a
complaint or information submitted under subparagraph (A), or
does not transmit the complaint or information to the Director
in accurate form under subparagraph (B),''.
(b) Authorities of Inspectors General of the Intelligence
Community.--Section 8H of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (b), by striking the second sentence and
inserting the following new sentence: ``Upon making the
determination, the Inspector General shall transmit to the head
of the establishment notice of the determination, together with
the complaint or information.''; and
(2) in subsection (d)(1), by striking ``does not
transmit,'' and all that follows through ``subsection (b),''
and inserting ``does not find credible under subsection (b) a
complaint or information submitted to the Inspector General
under subsection (a), or does not transmit the complaint or
information to the head of the establishment in accurate form
under subsection (b),''.
SEC. 307. REVIEW OF PROTECTIONS AGAINST THE UNAUTHORIZED DISCLOSURE OF
CLASSIFIED INFORMATION.
(a) Requirement.--The Attorney General shall, in consultation with
the Secretary of Defense, Secretary of State, Secretary of Energy,
Director of Central Intelligence, and heads of such other departments,
agencies, and entities of the United States Government as the Attorney
General considers appropriate, carry out a comprehensive review of
current protections against the unauthorized disclosure of classified
information, including--
(1) any mechanisms available under civil or criminal law,
or under regulation, to detect the unauthorized disclosure of
such information; and
(2) any sanctions available under civil or criminal law, or
under regulation, to deter and punish the unauthorized
disclosure of such information.
(b) Particular Considerations.--In carrying out the review required
by subsection (a), the Attorney General shall consider, in particular--
(1) whether the administrative regulations and practices of
the intelligence community are adequate, in light of the
particular requirements of the intelligence community, to
protect against the unauthorized disclosure of classified
information; and
(2) whether recent developments in technology, and
anticipated developments in technology, necessitate particular
modifications of current protections against the unauthorized
disclosure of classified information in order to further
protect against the unauthorized disclosure of such
information.
(c) Report.--(1) Not later than May 1, 2002, the Attorney General
shall submit to Congress a report on the review carried out under
subsection (a). The report shall include the following:
(A) A comprehensive description of the review, including
the findings of the Attorney General as a result of the review.
(B) An assessment of the efficacy and adequacy of current
laws and regulations against the unauthorized disclosure of
classified information, including whether or not modifications
of such laws or regulations, or additional laws or regulations,
are advisable in order to further protect against the
unauthorized disclosure of such information.
(C) Any recommendations for legislative or administrative
action that the Attorney General considers appropriate,
including a proposed draft for any such action, and a
comprehensive analysis of the Constitutional and legal
ramifications of any such action.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
SEC. 308. MODIFICATION OF AUTHORITIES RELATING TO OFFICIAL IMMUNITY IN
INTERDICTION OF AIRCRAFT ENGAGED IN ILLICIT DRUG
TRAFFICKING.
(a) Certification Required for Immunity.--Subsection (a)(2) of
section 1012 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2837; 22 U.S.C. 2291-4) is amended
by striking ``, before the interdiction occurs, has determined'' and
inserting ``has, during the 12-month period ending on the date of the
interdiction, certified to Congress''.
(b) Annual Reports.--That section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Reports.--(1) Not later than February 1 each year, the
President shall submit to Congress a report on the assistance provided
under subsection (b) during the preceding calendar year. Each report
shall include for the calendar year covered by such report the
following:
``(A) A list specifying each country for which a
certification referred to in subsection (a)(2) was in effect
for purposes of that subsection during any portion of such
calendar year, including the nature of the illicit drug
trafficking threat to each such country.
``(B) A detailed explanation of the procedures referred to
in subsection (a)(2)(B) in effect for each country listed under
subparagraph (A), including any training and other mechanisms
in place to ensure adherence to such procedures.
``(C) A complete description of any assistance provided
under subsection (b).
``(D) A summary description of the aircraft interception
activity for which the United States Government provided any
form of assistance under subsection (b).
``(2) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
SEC. 309. ONE-YEAR SUSPENSION OF REORGANIZATION OF DIPLOMATIC
TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
Notwithstanding any provision of subtitle B of title III of the
Intelligence Authorization Act for Fiscal Year 2001 (Public Law 106-
567; 114 Stat. 2843; 22 U.S.C. 7301 et seq.), relating to the
reorganization of the Diplomatic Telecommunications Service Program
Office, no provision of that subtitle shall be effective during the
period beginning on the date of the enactment of this Act and ending on
October 1, 2002.
SEC. 310. PRESIDENTIAL APPROVAL AND SUBMISSION TO CONGRESS OF NATIONAL
COUNTERINTELLIGENCE STRATEGY AND NATIONAL THREAT
IDENTIFICATION AND PRIORITIZATION ASSESSMENTS.
The National Counterintelligence Strategy, and each National Threat
Identification and Prioritization Assessment, produced under
Presidential Decision Directive 75, dated December 28, 2000, entitled
``U.S. Counterintelligence Effectiveness--Counterintelligence for the
21st Century'', including any modification of the Strategy or any such
Assessment, shall be approved by the President, and shall be submitted
to the appropriate committees of Congress.
SEC. 311. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND
PLANS RELATING TO DEPARTMENT OF DEFENSE INTELLIGENCE
ACTIVITIES.
(a) Consultation in Preparation.--The Director of Central
Intelligence shall ensure that any report, review, study, or plan
required to be prepared or conducted by a provision of this Act,
including a provision of the classified Schedule of Authorizations or a
classified annex to this Act, that involves the intelligence or
intelligence-related activities of the Department of Defense shall be
prepared or conducted in consultation with the Secretary of Defense or
an appropriate official of the Department designated by the Secretary
for that purpose.
(b) Submittal.--Any report, review, study, or plan referred to in
subsection (a) shall be submitted, in addition to any other committee
of Congress specified for submittal in the provision concerned, to the
following committees of Congress:
(1) The Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate.
(2) The Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House of
Representatives.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. ONE-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 403-4 note) is amended--
(1) in subsection (f), by striking ``September 30, 2002''
and inserting ``September 30, 2003''; and
(2) in subsection (i), by striking ``or 2002'' and
inserting ``2002, or 2003''.
SEC. 402. MODIFICATIONS OF CENTRAL SERVICES PROGRAM.
(a) Annual Audits.--Subsection (g)(1) of section 21 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended--
(1) by striking ``December 31'' and inserting ``January
31''; and
(2) by striking ``conduct'' and inserting ``complete''.
(b) Permanent Authority.--Subsection (h) of that section is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1), as so redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (2)''; and
(4) in paragraph (2), as so redesignated, by striking
``paragraph (2)'' and inserting ``paragraph (1)''.
Calendar No. 214
107th CONGRESS
1st Session
S. 1428
[Report No. 107-63]
[Report No. 107-92]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2002 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account of the Director of Central Intelligence,
and the Central Intelligence Agency Retirement and Disability System,
and for other purposes.
_______________________________________________________________________
November 1, 2001
Reported with amendments
