In the Senate of the United States,
November 8, 2001.
Resolved, That the bill from the House of Representa-
tives (H.R. 2883) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2002 for intelligence and intelligence-re-
lated activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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’’.
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(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. 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 Cen-
tral Intelligence in appointments.
Sec. 305. Modification of reporting requirements for significant anticipated intel-
ligence activities and significant intelligence failures.
Sec. 306. Modification of authorities for protection of intelligence community em-
ployees 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 Telecommuni-
cations Service Program Office.
Sec. 310. Presidential approval and submission to Congress of National Counter-
intelligence Strategy and National Threat Identification and
Prioritization Assessments.
Sec. 311. Preparation and submittal of reports, reviews, studies, and plans relat-
ing to Department of Defense intelligence activities.
Sec. 312. Alien Terrorist Removal proceedings.
Sec. 313. Technical modifications.
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.
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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 Agen-
cy.
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
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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 re-
port on 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 2 per-
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cent 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 notify promptly 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. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Community Manage-
ment Account of the Director of Central Intelligence for fis-
cal year 2002 the sum of $238,496,000. Within such
amount, funds identified in the classified Schedule of Au-
thorizations 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 Community Management Account of the Direc-
tor of Central Intelligence are authorized 343 full-time per-
sonnel as of September 30, 2002. Personnel serving in such
elements may be permanent employees of the Community
Management Account or personnel detailed from other ele-
ments of the United States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
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(1) AUTHORIZATION
OF
APPROPRIATIONS.—In
addition to amounts authorized to be appropriated
for the Community Management Account by sub-
section (a), there are also authorized to be appro-
priated for the Community Management Account for
fiscal year 2002 such additional amounts as are spec-
ified in the classified Schedule of Authorizations re-
ferred to in section 102(a). Such additional amounts
shall remain available until September 30, 2003.
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for
elements of the 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 classified Schedule of Au-
thorizations.
(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 de-
tailed to the staff of the 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 non-
reimbursable basis for a period of less than one year for
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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 appropriated in subsection (a), $27,000,000 shall
be available for the National Drug Intelligence Cen-
ter. Within such amount, funds provided for research,
development, testing, and evaluation 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 Cen-
tral Intelligence 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 Na-
tional 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
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full authority over the operations of the National
Drug Intelligence Center.
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.
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SEC. 303. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS
KINGPIN DESIGNATION ACT.
Section 805 of the Foreign Narcotics Kingpin Designa-
tion Act (title VIII of Public Law 106–120; 113 Stat. 1629;
21 U.S.C. 1904) is amended by striking subsection (f).
SEC. 304. MODIFICATION OF POSITIONS REQUIRING CON-
SULTATION WITH DIRECTOR OF CENTRAL IN-
TELLIGENCE IN APPOINTMENTS.
Section 106(b)(2) of the National Security Act of 1947
(50 U.S.C. 403–6(b)(2)) is amended by striking subpara-
graph (C) and inserting the following new subparagraphs:
‘‘(C) The Director of the Office of Intelligence of
the Department of Energy.
‘‘(D) The Director of the Office of Counterintel-
ligence of the Department of Energy’’.
SEC. 305. MODIFICATION OF REPORTING REQUIREMENTS
FOR 
SIGNIFICANT 
ANTICIPATED 
INTEL-
LIGENCE ACTIVITIES AND SIGNIFICANT IN-
TELLIGENCE FAILURES.
Section 502 of the National Security Act of 1947 (50
U.S.C. 413a) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘To
the extent’’; and
(2) by adding at the end the following new sub-
sections:
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‘‘(b) FORM AND CONTENTS OF CERTAIN REPORTS.—
Any report relating to a significant anticipated intelligence
activity or a significant intelligence failure that is sub-
mitted to the intelligence committees for purposes of sub-
section (a)(1) shall be in writing, and shall contain the fol-
lowing:
‘‘(1) A concise statement of any facts pertinent
to such report.
‘‘(2) An explanation of the significance of the in-
telligence activity or intelligence failure covered by
such report.
‘‘(c) STANDARDS AND PROCEDURES FOR CERTAIN RE-
PORTS.—The Director of Central Intelligence, in consulta-
tion with the heads of the departments, agencies, and enti-
ties referred to in subsection (a), shall establish standards
and procedures applicable to reports covered by subsection
(b).’’.
SEC. 306. MODIFICATION OF AUTHORITIES FOR PROTEC-
TION OF INTELLIGENCE COMMUNITY EM-
PLOYEES WHO REPORT URGENT CONCERNS
TO CONGRESS.
(a) AUTHORITY OF INSPECTOR GENERAL OF CENTRAL
INTELLIGENCE AGENCY.—Section 17(d)(5) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5)) is
amended—
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(1) in subparagraph (B), by striking the second
sentence and inserting the following new sentence:
‘‘Upon making the determination, the Inspector Gen-
eral shall transmit to the Director notice of the deter-
mination, together with the complaint or informa-
tion.’’; and
(2) in subparagraph (D)(i), by striking ‘‘does
not transmit,’’ and all that follows through ‘‘subpara-
graph (B),’’ and inserting ‘‘does not find credible
under subparagraph (B) a complaint or information
submitted under subparagraph (A), or does not trans-
mit the complaint or information to the Director in
accurate form under subparagraph (B),’’.
(b) AUTHORITIES OF INSPECTORS GENERAL OF THE
INTELLIGENCE COMMUNITY.—Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended—
(1) in subsection (b), by striking the second sen-
tence and inserting the following new sentence: ‘‘Upon
making the determination, the Inspector General shall
transmit to the head of the establishment notice of the
determination, together with the complaint or infor-
mation.’’; and
(2) in subsection (d)(1), by striking ‘‘does not
transmit,’’ and all that follows through ‘‘subsection
(b),’’ and inserting ‘‘does not find credible under sub-
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section (b) a complaint or information submitted to
the Inspector General under subsection (a), or does
not transmit the complaint or information to the
head of the establishment in accurate form under sub-
section (b),’’.
SEC. 307. REVIEW OF PROTECTIONS AGAINST THE UNAU-
THORIZED DISCLOSURE OF CLASSIFIED IN-
FORMATION.
(a) REQUIREMENT.—The Attorney General shall, in
consultation with the Secretary of Defense, Secretary of
State, Secretary of Energy, Director of Central Intelligence,
and heads of such other departments, agencies, and entities
of the United States Government as the Attorney General
considers appropriate, carry out a comprehensive review of
current protections against the unauthorized disclosure of
classified information, including—
(1) any mechanisms available under civil or
criminal law, or under regulation, to detect the unau-
thorized disclosure of such information; and
(2) any sanctions available under civil or crimi-
nal law, or under regulation, to deter and punish the
unauthorized disclosure of such information.
(b) PARTICULAR CONSIDERATIONS.—In carrying out
the review required by subsection (a), the Attorney General
shall consider, in particular—
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(1) whether the administrative regulations and
practices of the intelligence community are adequate,
in light of the particular requirements of the intel-
ligence community, to protect against the unauthor-
ized disclosure of classified information; and
(2) whether recent developments in technology,
and anticipated developments in technology, neces-
sitate particular modifications of current protections
against the unauthorized disclosure of classified infor-
mation in order to further protect against the unau-
thorized disclosure of such information.
(c) REPORT.—(1) Not later than May 1, 2002, the At-
torney General shall submit to Congress a report on the re-
view carried out under subsection (a). The report shall in-
clude the following:
(A) A comprehensive description of the review,
including the findings of the Attorney General as a
result of the review.
(B) An assessment of the efficacy and adequacy
of current laws and regulations against the unauthor-
ized disclosure of classified information, including
whether or not modifications of such laws or regula-
tions, or additional laws or regulations, are advisable
in order to further protect against the unauthorized
disclosure of such information.
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(C) Any recommendations for legislative or ad-
ministrative action that the Attorney General con-
siders appropriate, including a proposed draft for
any such action, and a comprehensive analysis of the
Constitutional and legal ramifications of any such
action.
(2) The report shall be submitted in unclassified form,
but may include a classified annex.
SEC. 308. MODIFICATION OF AUTHORITIES RELATING TO
OFFICIAL IMMUNITY IN INTERDICTION OF
AIRCRAFT ENGAGED IN ILLICIT DRUG TRAF-
FICKING.
(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):
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‘‘(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.’’.
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SEC. 309. ONE-YEAR SUSPENSION OF REORGANIZATION OF
DIPLOMATIC TELECOMMUNICATIONS SERV-
ICE PROGRAM OFFICE.
Notwithstanding any provision of subtitle B of title
III of the Intelligence Authorization Act for Fiscal Year
2001 (Public Law 106–567; 114 Stat. 2843; 22 U.S.C. 7301
et seq.), relating to the reorganization of the Diplomatic
Telecommunications Service Program Office, no provision
of that subtitle shall be effective during the period beginning
on the date of the enactment of this Act and ending on Octo-
ber 1, 2002.
SEC. 310. PRESIDENTIAL APPROVAL AND SUBMISSION TO
CONGRESS OF NATIONAL COUNTERINTEL-
LIGENCE STRATEGY AND NATIONAL THREAT
IDENTIFICATION AND PRIORITIZATION AS-
SESSMENTS.
The National Counterintelligence Strategy, and each
National Threat Identification and Prioritization Assess-
ment, produced under Presidential Decision Directive 75,
dated December 28, 2000, entitled ‘‘U.S. Counterintelligence
Effectiveness—Counterintelligence for the 21st Century’’,
including any modification of the Strategy or any such As-
sessment, shall be approved by the President, and shall be
submitted to the appropriate committees of Congress.
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SEC. 311. PREPARATION AND SUBMITTAL OF REPORTS, RE-
VIEWS, STUDIES, AND PLANS RELATING TO
DEPARTMENT OF DEFENSE INTELLIGENCE
ACTIVITIES.
(a) CONSULTATION IN PREPARATION.—The Director of
Central Intelligence shall ensure that any report, review,
study, or plan required to be prepared or conducted by a
provision of this Act, including a provision of the classified
Schedule of Authorizations or a classified annex to this Act,
that involves the intelligence or intelligence-related activi-
ties of the Department of Defense shall be prepared or con-
ducted in consultation with the Secretary of Defense or an
appropriate official of the Department designated by the
Secretary for that purpose.
(b) SUBMITTAL.—Any report, review, study, or plan
referred to in subsection (a) shall be submitted, in addition
to any other committee of Congress specified for submittal
in the provision concerned, to the following committees of
Congress:
(1) The Committees on Armed Services and Ap-
propriations and the Select Committee on Intelligence
of the Senate.
(2) The Committees on Armed Services and Ap-
propriations and the Permanent Select Committee on
Intelligence of the House of Representatives.
HR 2883 EAS
SEC. 312. ALIEN TERRORIST REMOVAL PROCEEDINGS.
Section 504 of the Immigration and Nationality Act
(8 U.S.C. 1534) is amended by adding the following sub-
section after subsection (k)—
‘‘(l) No later than 3 months from the date of enactment
of this Act, the Attorney General shall submit a report to
Congress concerning the effect and efficacy of Alien Ter-
rorist Removal proceedings, including the reasons why pro-
ceedings pursuant to this section have not been used by the
Attorney General in the past, and the effect on the use of
these proceedings after the enactment of the U.S.A. Patriot
Act of 2001.’’.
SEC. 313. TECHNICAL MODIFICATIONS.
The Director of Central Intelligence shall provide,
prior to conference, any technical modifications to existing
legal authorities needed to facilitate Intelligence Commu-
nity counterterrorism efforts.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. ONE-YEAR EXTENSION OF CENTRAL INTEL-
LIGENCE AGENCY VOLUNTARY SEPARATION
PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 403–4 note) is amended—
(1) in subsection (f), by striking ‘‘September 30,
2002’’ and inserting ‘‘September 30, 2003’’; and
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(2) in subsection (i), by striking ‘‘or 2002’’ and
inserting ‘‘2002, or 2003’’.
SEC. 402. MODIFICATIONS OF CENTRAL SERVICES PRO-
GRAM.
(a) ANNUAL AUDITS.—Subsection (g)(1) of section 21
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403u) is amended—
(1) by striking ‘‘December 31’’ and inserting
‘‘January 31’’; and
(2) by striking ‘‘conduct’’ and inserting ‘‘com-
plete’’.
(b) PERMANENT AUTHORITY.—Subsection (h) of that
section is amended—
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
(3) in paragraph (1), as so redesignated, by
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph
(2)’’; and
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(4) in paragraph (2), as so redesignated, by
striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph
(1)’’.
Attest:
Secretary.