IB
Union Calendar No. 131
107TH CONGRESS
1ST SESSION
H. R. 2883
[Report No. 107–219]
To authorize appropriations for fiscal year 2002 for intelligence and intel-
ligence-related activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence Agency Retire-
ment and Disability System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 2001
Mr. GOSS introduced the following bill; which was referred to the Committee
on Intelligence (Permanent Select)
SEPTEMBER 26, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 13, 2001]
A BILL
To authorize appropriations for fiscal year 2002 for intel-
ligence and intelligence-related activities of the United
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement
and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘In-
telligence 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 com-
munity.
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 the Congress on intelligence community contracting.
Sec. 304. Requirements for lodging allowances in intelligence community assign-
ment program benefits.
Sec. 305. Technical amendment.
Sec. 306. Commission on September 11 government preparedness and perform-
ance.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency’s central services program.
Sec. 402. Extension of CIA Voluntary Separation Pay Act.
Sec. 403. Guidelines for recruitment of certain foreign assets.
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. Continuation of Joint Interagency Task Force at current locations in
Florida and California.
Sec. 504. Modification of authorities relating to interdiction of aircraft engaged
in illicit drug trafficking.
Sec. 505. Undergraduate training program for employees of the National Imagery
and Mapping Agency.
Sec. 506. Technical amendments.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2002 for the conduct of the intelligence and intel-
ligence-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 Depart-
ment 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 bill
H.R. 2883 of the One Hundred Seventh Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—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 ap-
proval 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 two
percent of the number of civilian personnel authorized
under such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di-
rector of Central Intelligence shall promptly notify the Per-
manent 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 AC-
COUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of Central Intel-
ligence for fiscal year 2002 the sum of $152,776,000. Within
such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Ad-
vanced 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 313 full-
time personnel as of September 30, 2002. Personnel serving
in such elements may be permanent employees of the Intel-
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 ELE-
MENT 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 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal 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 THE CONGRESS ON INTELLIGENCE
COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of Cen-
tral Intelligence should continue to direct that elements of
the intelligence community, whenever compatible with the
national security interests of the United States and con-
sistent 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. 404(h)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘An employee’’; and
(2) by adding at the end the following new para-
graph:
‘‘(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 Cen-
tral 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 pri-
mary residence for the employee’s immediate family
in the local commuting area of the parent agency
duty station from which the employee regularly com-
muted to such duty station before the detail.
‘‘(C) The lodging is within a reasonable prox-
imity of the host agency duty station.
‘‘(D) The distance between the detailed employ-
ee’s parent agency duty station and the host agency
duty station is greater than 20 miles.
‘‘(E) The distance between the detailed employ-
ee’s primary residence and the host agency duty sta-
tion 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. TECHNICAL AMENDMENT.
Section 106(b)(2)(C) of the National Security Act of
1947 (50 U.S.C. 403–6(b)(2)(C)) is amended by striking
‘‘Nonproliferation and National Security’’ and inserting
‘‘Intelligence and the Director of the Office of Counterintel-
ligence’’.
SEC. 306. COMMISSION ON SEPTEMBER 11 GOVERNMENT
PREPAREDNESS AND PERFORMANCE.
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the ‘‘Commission on Preparedness and
Performance of the Federal Government for the September
11 Acts of Terrorism’’ (in this section referred to as the
‘‘Commission’’).
(b) DUTY.—
(1) ASSESSMENT OF AGENCY PERFORMANCE.—
The Commission shall, with respect to the acts of ter-
rorism committed against the United States on Sep-
tember 11, 2001, assess the performance of those agen-
cies and departments of the United States charged
with the responsibility to prevent, prepare for, or re-
spond to acts of terrorism up to and including that
date. For purposes of the preceding sentence, those
agencies and departments include—
(A) the Department of Defense (including
the intelligence elements of the Department),
(B) the Department of Justice (including
the intelligence elements of the Department),
(C) the Department of State (including the
intelligence elements of the Department),
(D) the Department of the Transportation
(including the intelligence elements of the De-
partment),
(E) the Department of the Treasury (in-
cluding the intelligence elements of the Depart-
ment),
(F) the Central Intelligence Agency, and
(G) the Federal Emergency Management
Agency.
(2) REPORT.—The Commission shall submit the
report described in subsection (g).
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Commis-
sion shall be composed of 10 members appointed as
follows:
(A) The President shall appoint 4 members.
(B) The Speaker of the House of Represent-
atives shall appoint 2 members.
(C) The majority leader of the Senate shall
appoint 2 members.
(D) The minority leader of the House of
Representatives shall appoint 1 member.
(E) The minority leader of the Senate shall
appoint 1 member.
(2) TERMS.—
(A) IN GENERAL.—Each member shall be
appointed for the life of the Commission.