(B) VACANCIES.—Any member appointed to
fill a vacancy occurring before the expiration of
the term for which the member’s predecessor was
appointed shall be appointed only for the re-
mainder of that term. A member may serve after
the expiration of that member’s term until a suc-
cessor has taken office. A vacancy in the Com-
mission shall be filled in the manner in which
the original appointment was made.
(3) BASIC PAY.—
(A) RATES OF PAY.—Members shall serve
without pay.
(B) TRAVEL
EXPENSES.—Each member
shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 57
of title 5, United States Code.
(4) QUORUM.—6 members of the Commission
shall constitute a quorum but a lesser number may
hold hearings.
(5) CHAIRPERSON.—The Chairperson of the
Commission shall be elected by the members.
(d) DIRECTOR AND STAFF OF COMMISSION.—
(1) DIRECTOR.—The Commission shall have a
Director who shall be appointed by the Chairperson.
(2) STAFF.—The Chairperson may appoint and
fix the pay of additional personnel as the Director
considers appropriate.
(3) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission
shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and shall be paid in accordance
with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification
and General Schedule pay rates, except that an indi-
vidual so appointed may not receive pay in excess of
the annual rate of basic pay for GS–15 of the General
Schedule.
(4) EXPERTS AND CONSULTANTS.—With the ap-
proval of the Chairperson, the Director may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay for GS–15 of the
General Schedule.
(5) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Chairperson, the head of any Federal de-
partment or agency may detail, on a reimbursable
basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out
its duties under this section.
(e) POWERS OF COMMISSION.—
(1) HEARINGS AND SESSIONS.—The Commission
may, for the purpose of carrying out this section, hold
hearings, sit and act at times and places, take testi-
mony, and receive evidence as the Commission con-
siders appropriate. The Commission may administer
oaths or affirmations to witnesses appearing before it.
(2) POWERS OF MEMBERS AND AGENTS.—Any
member or agent of the Commission may, if author-
ized by the Commission, take any action which the
Commission is authorized to take by this section.
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion may secure directly from any department or
agency of the United States information, including
classified information, necessary to enable it to carry
out this Act. Upon request of the Chairperson of the
Commission, the head of that department or agency
shall furnish that information to the Commission.
(4) MAILS.—The Commission may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the United States.
(5) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of
General Services shall provide to the Commission, on
a reimbursable basis, the administrative support serv-
ices necessary for the Commission to carry out its re-
sponsibilities under this section.
(6) SUBPOENA POWER.—
(A) IN
GENERAL.—The Commission may
issue subpoenas requiring the attendance and
testimony of witnesses and the production of any
evidence relating to any matter under investiga-
tion by the Commission. The attendance of wit-
nesses and the production of evidence may be re-
quired from any place within the United States
at any designated place of hearing within the
United States.
(B) FAILURE TO OBEY A SUBPOENA.—If a
person refuses to obey a subpoena issued under
subparagraph (A), the Commission may apply to
a United States district court for an order re-
quiring that person to appear before the Com-
mission to give testimony, produce evidence, or
both, relating to the matter under investigation.
The application may be made within the judicial
district where the hearing is conducted or where
that person is found, resides, or transacts busi-
ness. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(C) SERVICE
OF
SUBPOENAS.—The sub-
poenas of the Commission shall be served in the
manner provided for subpoenas issued by a
United States district court under the Federal
Rules of Civil Procedure for the United States
district courts.
(D) SERVICE OF PROCESS.—All process of
any court to which application is made under
subparagraph (B) may be served in the judicial
district in which the person required to be served
resides or may be found.
(E) IMMUNITY.—Except as provided in this
paragraph, a person may not be excused from
testifying or from producing evidence pursuant
to a subpoena on the ground that the testimony
or evidence required by the subpoena may tend
to incriminate or subject that person to criminal
prosecution. A person, after having claimed the
privilege against self-incrimination, may not be
criminally prosecuted by reason of any trans-
action, matter, or thing which that person is
compelled to testify about or produce evidence re-
lating to, except that the person may be pros-
ecuted for perjury committed during the testi-
mony or made in the evidence.
(7) CONTRACT
AUTHORITY.—The Commission
may contract with and compensate government and
private agencies or persons for supplies and services,
without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
(f) REPORT.—The Commission shall transmit a report
to the President and the Congress not later than 6 months
after the date by which the Director has been appointed by
the Chairperson. The report shall contain a detailed state-
ment of the findings and conclusions of the Commission,
together with its recommendations for legislation and ad-
ministrative actions the Commission considers appropriate.
(g) TERMINATION.—The Commission shall terminate
on 30 days after submitting the report required under sub-
section (g).
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE
AGENCY’S CENTRAL SERVICES PROGRAM.
Section 21 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403u) is amended as follows:
(1) Subsection (g)(1) is amended—
(A) by striking ‘‘December’’ and inserting
‘‘January’’; and
(B) by striking ‘‘conduct’’ and inserting
‘‘complete’’.
(2) Subsection (h) is amended—
(A) by striking paragraph (1) and redesig-
nating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(B) in paragraph (1), as so redesignated, by
striking ‘‘(3)’’ and inserting ‘‘(2)’’; and
(C) in paragraph (2), as so redesignated, by
striking ‘‘(2)’’ and inserting ‘‘(1)’’.
SEC. 402. EXTENSION OF CIA VOLUNTARY SEPARATION PAY
ACT.
(a) EXTENSION OF AUTHORITY.—Section 2(f) of the
Central Intelligence Agency Voluntary Separation Pay Act
(Public Law 103–36, 50 U.S.C. 403–4 note) is amended
by striking ‘‘September 30, 2002’’ and inserting ‘‘September
30, 2003’’.
(b) REMITTANCE OF FUNDS.—Section 2(i) of that Act
is amended 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, the Director of Central
Intelligence shall—
(1) rescind the provisions of the guidelines for
handling such cases; and
(2) provide for provisions for handling such
cases that more appropriately weigh and incentivize
risks to achieve successful operations.
TITLE V—DEPARTMENT OF DE-
FENSE INTELLIGENCE ACTIVI-
TIES
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 PUR-
POSES.—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 ele-
ment.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 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.
Section 506(b) of the Intelligence Authorization Act for
Fiscal Year 1996 (Public Law 104–93; 109 Stat. 974), as
amended by section 502 of the Intelligence Authorization
Act for Fiscal Year 1998 (Public Law 105–107; 111 Stat.
2262) and by section 502 of the Intelligence Authorization
Act for Fiscal Year 2000 (Public Law 106–120; 113 Stat.
1619), is further amended by striking ‘‘for fiscal years 2000
and 2001’’ and inserting ‘‘for fiscal years 2002 and 2003’’.
SEC. 503. CONTINUATION OF JOINT INTERAGENCY TASK
FORCE AT CURRENT LOCATIONS IN FLORIDA
AND CALIFORNIA.
(a) MAIN LOCATION.—The Secretary of Defense shall
continue to maintain the Joint Interagency Task Force at
Key West, Florida, with the responsibility for coordinating
drug interdiction efforts in the Western Hemisphere and
with such additional responsibilities regarding worldwide
intelligence for counterdrug operations as the Secretary
may assign.
(b) COMPONENT LOCATION.—The Secretary of Defense
shall convert the Joint Interagency Task Force located at
Alameda, California, to be a component site of the main
location specified in subsection (a).
(c) DIRECTOR.—The Director of the Joint Interagency
Task Force shall be a flag officer of the Coast Guard.
SEC. 504. MODIFICATION OF AUTHORITIES RELATING TO
INTERDICTION OF AIRCRAFT ENGAGED IN IL-
LICIT DRUG TRAFFICKING.
(a) CERTIFICATION REQUIRED FOR IMMUNITY.—Sub-
section (a)(2) of section 1012 of the National Defense Au-
thorization 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 in-
serting ‘‘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) 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 ef-
fect for purposes of that subsection during any por-
tion of such calendar year, including the nature of the
illicit drug trafficking threat to each such country.
‘‘(B) A detailed explanation of the procedures re-
ferred to in subsection (a)(2)(B) in effect for each
country listed under subparagraph (A), including
any training and other mechanisms in place to en-
sure 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 Gov-
ernment provided any form of assistance under sub-
section (b).
‘‘(2) Each report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified
annex.’’.
SEC. 505. UNDERGRADUATE TRAINING PROGRAM FOR EM-
PLOYEES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY.
(a) AUTHORITY TO CARRY OUT TRAINING PRO-
GRAM.—Subchapter III of chapter 22 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 462. Financial assistance to certain employees in
acquisition of critical skills
‘‘The Secretary of Defense may establish an under-
graduate training program with respect to civilian employ-
ees of the National 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 Se-
curity 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. 506. TECHNICAL AMENDMENTS.
Section 2555 of title 10, United States Code, as added
by section 1203(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Pub-
lic Law 106–398; 114 Stat. 1654, 1654A–324), is
amended—
(1) in subsection (a)—
(A) by striking ‘‘CONVEY OR’’ in the sub-
section heading and inserting ‘‘TRANSFER TITLE
TO OR OTHERWISE’’;
(B) in paragraph (1)—
(i) by striking ‘‘convey’’ and inserting
‘‘transfer title’’; and
(ii) by striking ‘‘and’’ after ‘‘equip-
ment;’’;
(C) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(D) by adding at the end the following new
paragraph:
‘‘(3) inspect, test, maintain, repair, or replace
any such equipment.’’; and
(2) in subsection (b)—
(A) by striking ‘‘conveyed or otherwise pro-
vided’’ and inserting ‘‘provided to a foreign gov-
ernment’’;
(B) by inserting ‘‘and’’ at the end of para-
graph (1);
(C) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and
(D) by striking paragraph (3).
Union Calendar No. 131
107TH CONGRESS
1ST SESSION
H. R. 2883
[Report No. 107–219]
A BILL
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 Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes.
SEPTEMBER 26, 2001
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed