II
Calendar No. 188
107TH CONGRESS
1ST SESSION
H. R. 2883
IN THE SENATE OF THE UNITED STATES
OCTOBER 9, 2001
Received; read twice and placed on the calendar
AN ACT
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.
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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
‘‘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
community.
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 as-
signment program benefits.
Sec. 305. Technical amendment.
Sec. 306. Commission on National Security Readiness.
Sec. 307. Implementation of recommendations of the National Commission on
Terrorism.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency’s central services pro-
gram.
Sec. 402. Extension of CIA 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 pur-
poses.
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Sec. 502. Funding for infrastructure and quality-of-life improvements at
Menwith Hill and Bad Aibling stations.
Sec. 503. Modification of authorities relating to interdiction of aircraft engaged
in illicit drug trafficking.
Sec. 504. Undergraduate training program for employees of the National Im-
agery and Mapping 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 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 Agen-
cy.
(12) The Coast Guard.
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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 intel-
ligence 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 Presi-
dent. The President shall provide for suitable distribution
of the Schedule, or of appropriate portions of the Sched-
ule, 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 intel-
ligence functions, except that the number of personnel em-
ployed in excess of the number authorized under such sec-
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tion may not, for any element of the intelligence commu-
nity, exceed two percent of the number of civilian per-
sonnel authorized under such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The
Director of Central Intelligence shall promptly notify the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intel-
ligence 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 Advanced Research and Development Committee
shall remain available until September 30, 2003.
(b) AUTHORIZED PERSONNEL LEVELS.—The ele-
ments within the Intelligence Community Management
Account of the Director of Central Intelligence are author-
ized 313 full-time personnel as of September 30, 2002.
Personnel serving in such elements may be permanent em-
ployees of the Intelligence Community Management Ac-
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manner that maximizes the procurement of products prop-
erly 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
paragraph:
‘‘(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 Central 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.
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‘‘(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 Counter-
intelligence’’.
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SEC. 306. COMMISSION ON NATIONAL SECURITY READI-
NESS.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on National Se-
curity Readiness’’ (in this section referred to as the ‘‘Com-
mission’’).
(b) DUTY.—
(1) REVIEW.—With respect to the acts of ter-
rorism committed against the United States on Sep-
tember 11, 2001, the Commission shall review the
national security readiness of the United States to
identify structural impediments to the effective col-
lection, analysis, and sharing of information on na-
tional security threats, particularly terrorism. For
purposes of the preceding sentence, the scope of the
review shall 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),
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(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 (f).
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 8 members appointed
as follows:
(A) The President shall appoint 2 mem-
bers.
(B) The Speaker of the House of Rep-
resentatives 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) QUALIFICATIONS.—(A) A member of the
Commission shall have substantial Federal law en-
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forcement, intelligence, or military experience with
appropriate security clearance.
(B) A member of the Commission may not be
a full-time officer or employee of the United States.
(3) TERMS.—
(A) IN GENERAL.—Each member shall be
appointed for the life of the Commission.
(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
remainder of that term. A member may serve
after the expiration of that member’s term until
a successor has taken office. A vacancy in the
Commission shall be filled in the manner in
which the original appointment was made.
(4) 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.
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(5) QUORUM.—6 members of the Commission
shall constitute a quorum but a lesser number may
hold hearings.
(6) 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 accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except
that an individual 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
approval of the Chairperson, the Director may pro-
cure temporary and intermittent services under sec-