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 commu-
nity.
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 assign-
ment program benefits.
Sec. 305. Modification of reporting requirements for significant anticipated intel-
ligence activities and significant intelligence failures.
Sec. 306. Report on implementation of recommendations of the National Commis-
sion 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 em-
ployees who report urgent concerns to Congress.
Sec. 310. Review of protections against the unauthorized disclosure of classified in-
formation.
Sec. 311. One-year suspension of reorganization of Diplomatic Telecommunications
Service Program Office.
Sec. 312. Presidential approval and submission to Congress of National Counter-
intelligence 
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.
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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 Govern-
ment:
(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 AUTHORIZA-
TIONS.—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 per-
sonnel in excess of the number authorized for fiscal year 2002
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under section 102 when the Director of Central Intelligence deter-
mines 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 classi-
fied 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 Commu-
nity Management Account for fiscal year 2002 such additional
amounts as are specified in the classified Schedule of Authoriza-
tions referred to in section 102(a). Such additional amounts
shall remain available until September 30, 2003.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the per-
sonnel authorized by subsection (b) for elements of the Intel-
ligence 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 classi-
fied 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 appro-
priated in subsection (a), $44,000,000 shall be available for
the National Drug Intelligence Center. Within such amount,
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funds provided for research, development, testing, and evalua-
tion 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 Intel-
ligence 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 semi-
colon.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY 
RETIREMENT 
AND 
DIS-
ABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence 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, retire-
ment, 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 CON-
TRACTING.
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security