II

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
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Central Intelligence Agency Retirement and Disability

System, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2002’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 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.
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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.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2002 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The Department of the Army, the Depart13 ment of the Navy, and the Department of the Air

14 Force.

15 (6) The Department of State.

16 (7) The Department of the Treasury.

17 (8) The Department of Energy.

18 (9) The Federal Bureau of Investigation.

19 (10) The National Reconnaissance Office.

20 (11) The National Imagery and Mapping Agen21 cy.
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1 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

2 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

3 CEILINGS.—The amounts authorized to be appropriated

4 under section 101, and the authorized personnel ceilings

5 as of September 30, 2002, for the conduct of the intel6 ligence and intelligence-related activities of the elements

7 listed in such section, are those specified in the classified

8 Schedule of Authorizations prepared to accompany the

9 conference report on the bill llll of the One Hun10 dred Seventh Congress.

11 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU12 THORIZATIONS.—The Schedule of Authorizations shall be

13 made available to the Committees on Appropriations of

14 the Senate and House of Representatives and to the Presi15 dent. The President shall provide for suitable distribution

16 of the Schedule, or of appropriate portions of the Sched17 ule, within the executive branch.

18 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

19 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap20 proval of the Director of the Office of Management and

21 Budget, the Director of Central Intelligence may authorize

22 employment of civilian personnel in excess of the number

23 authorized for fiscal year 2002 under section 102 when

24 the Director of Central Intelligence determines that such

25 action is necessary to the performance of important intel26 ligence functions, except that the number of personnel em-
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1 ployed in excess of the number authorized under such sec2 tion may not, for any element of the intelligence commu3 nity, exceed 2 percent of the number of civilian personnel

4 authorized under such section for such element.

5 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

6 Director of Central Intelligence shall notify promptly the

7 Permanent Select Committee on Intelligence of the House

8 of Representatives and the Select Committee on Intel9 ligence of the Senate whenever the Director exercises the

10 authority granted by this section.

11 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated for the Community Manage14 ment Account of the Director of Central Intelligence for

15 fiscal year 2002 the sum of $238,496,000. Within such

16 amount, funds identified in the classified Schedule of Au17 thorizations referred to in section 102(a) for the advanced

18 research and development committee shall remain avail19 able until September 30, 2003.

20 (b) AUTHORIZED PERSONNEL LEVELS.—The ele21 ments within the Community Management Account of the

22 Director of Central Intelligence are authorized 343 full23 time personnel as of September 30, 2002. Personnel serv24 ing in such elements may be permanent employees of the
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1 Community Management Account or personnel detailed

2 from other elements of the United States Government.

3 (c) CLASSIFIED AUTHORIZATIONS.—

4 (1) AUTHORIZATION OF APPROPRIATIONS.—In

5 addition to amounts authorized to be appropriated

6 for the Community Management Account by sub7 section (a), there are also authorized to be appro8 priated for the Community Management Account for

9 fiscal year 2002 such additional amounts as are

10 specified in the classified Schedule of Authorizations

11 referred to in section 102(a). Such additional

12 amounts shall remain available until September 30,

13 2003.

14 (2) AUTHORIZATION OF PERSONNEL.—In addi15 tion to the personnel authorized by subsection (b)

16 for elements of the Community Management Ac17 count as of September 30, 2002, there are hereby

18 authorized such additional personnel for such ele19 ments as of that date as are specified in the classi20 fied Schedule of Authorizations.

21 (d) REIMBURSEMENT.—Except as provided in section

22 113 of the National Security Act of 1947 (50 U.S.C.

23 404h), during fiscal year 2002 any officer or employee of

24 the United States or a member of the Armed Forces who

25 is detailed to the staff of the Community Management Ac-
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1 count from another element of the United States Govern2 ment shall be detailed on a reimbursable basis, except that

3 any such officer, employee, or member may be detailed on

4 a nonreimbursable basis for a period of less than one year

5 for the performance of temporary functions as required

6 by the Director of Central Intelligence.

7 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

8 (1) IN GENERAL.—Of the amount authorized to

9 be appropriated in subsection (a), $27,000,000 shall

10 be available for the National Drug Intelligence Cen11 ter. Within such amount, funds provided for re12 search, development, testing, and evaluation pur13 poses shall remain available until September 30,

14 2003, and funds provided for procurement purposes

15 shall remain available until September 30, 2004.

16 (2) TRANSFER OF FUNDS.—The Director of

17 Central Intelligence shall transfer to the Attorney

18 General funds available for the National Drug Intel19 ligence Center under paragraph (1). The Attorney

20 General shall utilize funds so transferred for the ac21 tivities of the National Drug Intelligence Center.

22 (3) LIMITATION.—Amounts available for the

23 National Drug Intelligence Center may not be used

24 in contravention of the provisions of section
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1 103(d)(1) of the National Security Act of 1947 (50

2 U.S.C. 403–3(d)(1)).

3 (4) AUTHORITY.—Notwithstanding any other

4 provision of law, the Attorney General shall retain

5 full authority over the operations of the National

6 Drug Intelligence Center.

7 TITLE II—CENTRAL INTEL8 LIGENCE AGENCY RETIRE9 MENT AND DISABILITY SYS10 TEM

11 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

12 There is authorized to be appropriated for the Cen13 tral Intelligence Agency Retirement and Disability Fund

14 for fiscal year 2002 the sum of $212,000,000.

15 TITLE III—GENERAL

16 PROVISIONS

17 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

18 BENEFITS AUTHORIZED BY LAW.

19 Appropriations authorized by this Act for salary, pay,

20 retirement, and other benefits for Federal employees may

21 be increased by such additional or supplemental amounts

22 as may be necessary for increases in such compensation

23 or benefits authorized by law.
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1 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

2 ACTIVITIES.

3 The authorization of appropriations by this Act shall

4 not be deemed to constitute authority for the conduct of

5 any intelligence activity which is not otherwise authorized

6 by the Constitution or the laws of the United States.

7 SEC. 303. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS

8 KINGPIN DESIGNATION ACT.

9 Section 805 of the Foreign Narcotics Kingpin Des10 ignation Act (title VIII of Public Law 106–120; 113 Stat.

11 1629; 21 U.S.C. 1904) is amended by striking subsection

12 (f).

13 SEC. 304. MODIFICATION OF POSITIONS REQUIRING CON14 SULTATION WITH DIRECTOR OF CENTRAL IN15 TELLIGENCE IN APPOINTMENTS.

16 Section 106(b)(2) of the National Security Act of

17 1947 (50 U.S.C. 403–6(b)(2)) is amended by striking sub18 paragraph (C) and inserting the following new subpara19 graphs:

20 ‘‘(C) The Director of the Office of Intelligence

21 of the Department of Energy.

22 ‘‘(D) The Director of the Office of Counter23 intelligence of the Department of Energy’’.
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1 SEC. 305. MODIFICATION OF REPORTING REQUIREMENTS

2 FOR SIGNIFICANT ANTICIPATED INTEL3 LIGENCE ACTIVITIES AND SIGNIFICANT IN4 TELLIGENCE FAILURES.

5 Section 502 of the National Security Act of 1947 (50

6 U.S.C. 413a) is amended—

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

8 ‘‘To the extent’’; and

9 (2) by adding at the end the following new sub10 sections:

11 ‘‘(b) FORM AND CONTENTS OF CERTAIN REPORTS.—

12 Any report relating to a significant anticipated intelligence

13 activity or a significant intelligence failure that is sub14 mitted to the intelligence committees for purposes of sub15 section (a)(1) shall be in writing, and shall contain the

16 following:

17 ‘‘(1) A concise statement of any facts pertinent

18 to such report.

19 ‘‘(2) An explanation of the significance of the

20 intelligence activity or intelligence failure covered by

21 such report.

22 ‘‘(c) STANDARDS AND PROCEDURES FOR CERTAIN

23 REPORTS.—The Director of Central Intelligence, in con24 sultation with the heads of the departments, agencies, and

25 entities referred to in subsection (a), shall establish stand-
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1 ards and procedures applicable to reports covered by sub2 section (b).’’.

3 SEC. 306. MODIFICATION OF AUTHORITIES FOR PROTEC4 TION OF INTELLIGENCE COMMUNITY EM5 PLOYEES WHO REPORT URGENT CONCERNS

6 TO CONGRESS.

7 (a) AUTHORITY OF INSPECTOR GENERAL OF CEN8 TRAL INTELLIGENCE AGENCY.—Section 17(d)(5) of the

9 Central Intelligence Agency Act of 1949 (50 U.S.C.

10 403q(d)(5)) is amended—

11 (1) in subparagraph (B), by striking the second

12 sentence and inserting the following new sentence:

13 ‘‘Upon making the determination, the Inspector

14 General shall transmit to the Director notice of the

15 determination, together with the complaint or infor16 mation.’’; and

17 (2) in subparagraph (D)(i), by striking ‘‘does

18 not transmit,’’ and all that follows through ‘‘sub19 paragraph (B),’’ and inserting ‘‘does not find cred20 ible under subparagraph (B) a complaint or infor21 mation submitted under subparagraph (A), or does

22 not transmit the complaint or information to the Di23 rector in accurate form under subparagraph (B),’’.
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1 (b) AUTHORITIES OF INSPECTORS GENERAL OF THE

2 INTELLIGENCE COMMUNITY.—Section 8H of the Inspec3 tor General Act of 1978 (5 U.S.C. App.) is amended—

4 (1) in subsection (b), by striking the second

5 sentence and inserting the following new sentence:

6 ‘‘Upon making the determination, the Inspector

7 General shall transmit to the head of the establish8 ment notice of the determination, together with the

9 complaint or information.’’; and

10 (2) in subsection (d)(1), by striking ‘‘does not

11 transmit,’’ and all that follows through ‘‘subsection

12 (b),’’ and inserting ‘‘does not find credible under

13 subsection (b) a complaint or information submitted

14 to the Inspector General under subsection (a), or

15 does not transmit the complaint or information to

16 the head of the establishment in accurate form

17 under subsection (b),’’.

18 SEC. 307. REVIEW OF PROTECTIONS AGAINST THE UNAU19 THORIZED DISCLOSURE OF CLASSIFIED IN20 FORMATION.

21 (a) REQUIREMENT.—The Attorney General shall, in

22 consultation with the Secretary of Defense, Secretary of

23 State, Secretary of Energy, Director of Central Intel24 ligence, and heads of such other departments, agencies,

25 and entities of the United States Government as the At-
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1 torney General considers appropriate, carry out a com2 prehensive review of current protections against the unau3 thorized disclosure of classified information, including—

4 (1) any mechanisms available under civil or

5 criminal law, or under regulation, to detect the un6 authorized disclosure of such information; and

7 (2) any sanctions available under civil or crimi8 nal law, or under regulation, to deter and punish the

9 unauthorized disclosure of such information.

10 (b) PARTICULAR CONSIDERATIONS.—In carrying out

11 the review required by subsection (a), the Attorney Gen12 eral shall consider, in particular—

13 (1) whether the administrative regulations and

14 practices of the intelligence community are adequate,

15 in light of the particular requirements of the intel16 ligence community, to protect against the unauthor17 ized disclosure of classified information; and

18 (2) whether recent developments in technology,

19 and anticipated developments in technology, neces20 sitate particular modifications of current protections

21 against the unauthorized disclosure of classified in22 formation in order to further protect against the un23 authorized disclosure of such information.

24 (c) REPORT.—(1) Not later than May 1, 2002, the

25 Attorney General shall submit to Congress a report on the
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1 review carried out under subsection (a). The report shall

2 include the following:

3 (A) A comprehensive description of the review,

4 including the findings of the Attorney General as a

5 result of the review.

6 (B) An assessment of the efficacy and adequacy

7 of current laws and regulations against the unau8 thorized disclosure of classified information, includ9 ing whether or not modifications of such laws or reg10 ulations, or additional laws or regulations, are advis11 able in order to further protect against the unau12 thorized disclosure of such information.

13 (C) Any recommendations for legislative or ad14 ministrative action that the Attorney General con15 siders appropriate, including a proposed draft for

16 any such action, and a comprehensive analysis of the

17 Constitutional and legal ramifications of any such

18 action.

19 (2) The report shall be submitted in unclassified

20 form, but may include a classified annex.
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1 SEC. 308. MODIFICATION OF AUTHORITIES RELATING TO

2 OFFICIAL IMMUNITY IN INTERDICTION OF

3 AIRCRAFT ENGAGED IN ILLICIT DRUG TRAF4 FICKING.

5 (a) CERTIFICATION REQUIRED FOR IMMUNITY.—

6 Subsection (a)(2) of section 1012 of the National Defense

7 Authorization Act for Fiscal Year 1995 (Public Law 103–

8 337; 108 Stat. 2837; 22 U.S.C. 2291–4) is amended by

9 striking ‘‘, before the interdiction occurs, has determined’’

10 and inserting ‘‘has, during the 12-month period ending on

11 the date of the interdiction, certified to Congress’’.

12 (b) ANNUAL REPORTS.—That section is further

13 amended—

14 (1) by redesignating subsection (c) as sub15 section (d); and

16 (2) by inserting after subsection (b) the fol17 lowing new subsection (c):

18 ‘‘(c) ANNUAL REPORTS.—(1) Not later than Feb19 ruary 1 each year, the President shall submit to Congress

20 a report on the assistance provided under subsection (b)

21 during the preceding calendar year. Each report shall in22 clude for the calendar year covered by such report the fol23 lowing:

24 ‘‘(A) A list specifying each country for which a

25 certification referred to in subsection (a)(2) was in

26 effect for purposes of that subsection during any
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1 portion of such calendar year, including the nature

2 of the illicit drug trafficking threat to each such

3 country.

4 ‘‘(B) A detailed explanation of the procedures

5 referred to in subsection (a)(2)(B) in effect for each

6 country listed under subparagraph (A), including

7 any training and other mechanisms in place to en8 sure adherence to such procedures.

9 ‘‘(C) A complete description of any assistance

10 provided under subsection (b).

11 ‘‘(D) A summary description of the aircraft

12 interception activity for which the United States

13 Government provided any form of assistance under

14 subsection (b).

15 ‘‘(2) Each report under paragraph (1) shall be sub16 mitted in unclassified form, but may include a classified

17 annex.’’.

18 SEC. 309. ONE-YEAR SUSPENSION OF REORGANIZATION OF

19 DIPLOMATIC TELECOMMUNICATIONS SERV20 ICE PROGRAM OFFICE.

21 Notwithstanding any provision of subtitle B of title

22 III of the Intelligence Authorization Act for Fiscal Year

23 2001 (Public Law 106–567; 114 Stat. 2843; 22 U.S.C.

24 7301 et seq.), relating to the reorganization of the Diplo25 matic Telecommunications Service Program Office, no
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1 provision of that subtitle shall be effective during the pe2 riod beginning on the date of the enactment of this Act

3 and ending on October 1, 2002.

4 SEC. 310. PRESIDENTIAL APPROVAL AND SUBMISSION TO

5 CONGRESS OF NATIONAL COUNTERINTEL6 LIGENCE STRATEGY AND NATIONAL THREAT

7 IDENTIFICATION AND PRIORITIZATION AS8 SESSMENTS.

9 The National Counterintelligence Strategy, and each

10 National Threat Identification and Prioritization Assess11 ment, produced under Presidential Decision Directive 75,

12 dated December 28, 2000, entitled ‘‘U.S. Counterintel13 ligence Effectiveness—Counterintelligence for the 21st

14 Century’’, including any modification of the Strategy or

15 any such Assessment, shall be approved by the President,

16 and shall be submitted to the appropriate committees of

17 Congress.

18 SEC. 311. PREPARATION AND SUBMITTAL OF REPORTS, RE19 VIEWS, STUDIES, AND PLANS RELATING TO

20 DEPARTMENT OF DEFENSE INTELLIGENCE

21 ACTIVITIES.

22 (a) CONSULTATION IN PREPARATION.—The Director of

23 Central Intelligence shall ensure that any report, review,

24 study, or plan required to be prepared or conducted by a

25 provision of this Act, including a provision of the classified
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1 Schedule of Authorizations or a classified annex to this Act,

2 that involves the intelligence or intelligence-related activi3 ties of the Department of Defense shall be prepared or con4 ducted in consultation with the Secretary of Defense or an

5 appropriate official of the Department designated by the

6 Secretary for that purpose.

7 (b) SUBMITTAL.—Any report, review, study, or plan

8 referred to in subsection (a) shall be submitted, in addition

9 to any other committee of Congress specified for submittal

10 in the provision concerned, to the following committees of

11 Congress:

12 (1) The Committees on Armed Services and Ap13 propriations and the Select Committee on Intelligence

14 of the Senate.

15 (2) The Committees on Armed Services and Ap16 propriations and the Permanent Select Committee on

17 Intelligence of the House of Representatives.

18 TITLE IV—CENTRAL

19 INTELLIGENCE AGENCY

20 SEC. 401. ONE-YEAR EXTENSION OF CENTRAL INTEL21 LIGENCE AGENCY VOLUNTARY SEPARATION

22 PAY ACT.

23 Section 2 of the Central Intelligence Agency Vol24 untary Separation Pay Act (50 U.S.C. 403–4 note) is

25 amended—
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1 (1) in subsection (f), by striking ‘‘September

2 30, 2002’’ and inserting ‘‘September 30, 2003’’; and

3 (2) in subsection (i), by striking ‘‘or 2002’’ and

4 inserting ‘‘2002, or 2003’’.

5 SEC. 402. MODIFICATIONS OF CENTRAL SERVICES PRO6 GRAM.

7 (a) ANNUAL AUDITS.—Subsection (g)(1) of section

8 21 of the Central Intelligence Agency Act of 1949 (50

9 U.S.C. 403u) is amended—

10 (1) by striking ‘‘December 31’’ and inserting

11 ‘‘January 31’’; and

12 (2) by striking ‘‘conduct’’ and inserting ‘‘com13 plete’’.

14 (b) PERMANENT AUTHORITY.—Subsection (h) of

15 that section is amended—

16 (1) by striking paragraph (1);

17 (2) by redesignating paragraphs (2) and (3) as

18 paragraphs (1) and (2), respectively;

19 (3) in paragraph (1), as so redesignated, by

20 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph

21 (2)’’; and

22 (4) in paragraph (2), as so redesignated, by

23 striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph

24 (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 ofthe United States Government, the CommunityManagement Account of the Director of CentralIntelligence, and the Central Intelligence AgencyRetirement and Disability System, and for otherpurposes.

NOVEMBER 1, 2001

Reported with amendments