Intelligence Authorization Act for Fiscal Year  2002
PL 107-108 (H.R.2883), enacted 12/28/2001

115 STAT. 1394 
PUBLIC LAW 107-108—DEC. 28, 2001 
Public Law 107-108 
107th Congress 
Dec. 28, 2001 
[H.R. 2883] 
Intelligence 
Authorization 
Act for Fiscal 
Year 2002. 
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 "IntelHgence 
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 — I N T E L L I G E N C E 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 mlowances 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. 
PUBLIC LAW 107-108—DEC. 28, 2001 
115 STAT. 1395 
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 
115 STAT. 1396 
PUBLIC LAW 107-108—DEC. 28, 2001 
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. 
28 u s e 873 note. 
(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. 
PUBLIC LAW 107-108—DEC. 28, 2001 
115 STAT. 1397 
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)(l)). 
(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 
115 STAT. 1398 
PUBLIC LAW 107-108—DEC. 28, 2001 
interests of the United States and consistent 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 INTEL-
LIGENCE COMMUNITY ASSIGNMENT PROGRAM BENE-
FITS. 
Section 113(b) of the National Security Act of 1947 (50 U.S.C. 
404h(b)) 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 amiount payable for the lodging as 
established jointly by the Director of Central Intelligence and— 
"(i) with respect to detailed employees of the Depart-
ment of Defense, the Secretary of Defense; and 
"(ii) with respect to detailed employees of other agen-
cies and departments, the head of such agency or depart-
ment. 
"(B) The detailed employee maintains a primary residence 
for the employee's immediate family in the local commuting 
area of the parent agency duty station from which the employee 
regularly commuted to such duty station before the detail. 
"(C) The lodging is within a reasonable proximity of the 
host agency duty station. 
"(D) The distance between the detailed employee's parent 
agency duty station and the host agency duty station is greater 
than 20 miles. 
"(E) The distance between the detailed employee's primary 
residence and the host agency duty station 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. MODIFICATION OF REPORTING REQUIREMENTS FOR SIGNIFI-
CANT ANTICIPATED INTELLIGENCE ACTIVITIES AND 
SIGNIFICANT INTELLIGENCE 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 subsections: 
"(b) FORM AND CONTENTS OF CERTAIN REPORTS.—^Any report 
relating to a significant anticipated intelligence activity or a signifi-
cant intelligence failure that is submitted to the intelligence commit-
tees for purposes of subsection (a)(1) shall be in writing, and shall 
contain the following: 
"(1) A concise statement of any facts pertinent to such 
report. 
"(2) An explanation of the significance of the intelligence 
activity or intelligence failure covered by such report. 
PUBLIC LAW 107-108—DEC. 28, 2001 
115 STAT. 1399 
"(c) STANDARDS AND PROCEDURES FOR CERTAIN REPORTS.—The 
Director of Central Intelligence, in consultation with the heads 
of the departments, agencies, and entities referred to in subsection 
(a), shall establish standards and procedures applicable to reports 
covered by subsection (b).". 
SEC. 306. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF 
THE N A T I O N A L COMMISSION ON TERRORISM AND OTHER 
ENTITIES. 
(a) IN GENERAL.—Not later than 120 days after the date of Deadline, 
the enactment of this Act, the Director of Central Intelligence 
shall submit to the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee on Intel-
ligence of the Senate a report concerning whether, and to what 
extent, the Intelligence Community has implemented recommenda-
tions relevant to the Intelligence Community as set forth in the 
following: 
(1) The report prepared by the National Commission on 
Terrorism established by section 591 of the Omnibus Consoli-
dated and Emergency Supplemental Appropriations Act, 1999 
(PubHc Law 105-277). 
(2) The report prepared by the United States Commission 
on National Security for the 21st Century, Phase III, dated 
February 15,2001. 
(3) The second annual report of the advisory panel to 
assess domestic response capabilities for terrorism involving 
weapons of mass destruction established pursuant to section 
1405 of the National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 50 U.S.C. 2301 note). 
(b) RECOMMENDATIONS DETERMINED NOT TO BE ADOPTED.— 
In a case in which the Director determines that a recommendation 
described in subsection (a) has not been implemented, the report 
under that subsection shall include a detailed explanation of the 
reasons for not implementing that recommendation. 
SEC. 307. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN 
DESIGNATION ACT. 
Section 805 of the Foreign Narcotics Kingpin Designation Act 
(title VIII of Public Law 106-120; 113 Stat. 1629; 21 U.S.C. 1904) 
is amended by striking subsection (f). 
SEC. 308. MODIFICATION OF POSITIONS REQUIRING CONSULTATION 
WITH 
DIRECTOR 
OF 
CENTRAL 
INTELLIGENCE 
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 subparagraph (C) and inserting 
the following new subparagraphs: 
"(C) The Director of the Office of Intelligence of the Depart-
ment of Energy. 
"(D) The Director of the Office of Counterintelligence of 
the Department of Energy.". 
SEC. 
309. MODIFICATION OF AUTHORITIES FOR PROTECTION OF 
INTELLIGENCE COMMUNITY EMPLOYEES WHO REPORT 
URGENT CONCERNS TO CONGRESS. 
(a) AUTHORITY OF INSPECTOR GENERAL OF CENTRAL INTEL-
LIGENCE AGENCY.—Section 17(d)(5) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403q(d)(5)) is amended— 
115 STAT. 1400 
PUBLIC LAW 107-108—DEC. 28, 2001 
(1) in subparagraph (B), by striking the second sentence 
and inserting the following new sentence: "Upon making such 
a determination, the Inspector General shall transmit to the 
Director notice of that determination, together with the com-
plaint or information."; and 
(2) in subparagraph (D)(i), by striking "does not transmit," 
and all that follows through "subparagraph (B)," and inserting 
"does not find credible under subparagraph (B) a complaint 
or information submitted under subparagraph (A), or does not 
transmit 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 sentence and 
inserting the following new sentence: "Upon making such a 
determination, the Inspector General shall transmit to the head 
of the establishment notice of that determination, together with 
the complaint or information."; 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 subsection (b) a complaint or 
information submitted to the Inspector General under sub-
section (a), or does not transmit the complaint or information 
to the head of the establishment in accurate form under sub-
section (b),". 
SEC. 310. REVIEW OF PROTECTIONS AGAINST THE UNAUTHORIZED 
DISCLOSURE OF CLASSIFIED INFORMATION. 
(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 Govern-
ment as the Attorney General considers appropriate, carry out 
a comprehensive review of current protections against the unauthor-
ized disclosure of classified information, including— 
(1) any mechanisms available under civil or criminal law, 
or under regulation, to detect the unauthorized disclosure of 
such information; and 
(2) any sanctions available under civil or criminal 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— 
(1) whether the administrative regulations and practices 
of the intelligence community are adequate, in light of the 
particular requirements of the intelligence community, to pro-
tect against the unauthorized disclosure of classified informa-
tion; and 
(2) whether recent developments in technology, and antici-
pated developments in technology, necessitate particular modi-
fications of current protections against the unauthorized disclo-
sure of classified information in order to further protect against 
the unauthorized disclosure of such information. 
PUBLIC LAW 107-108—DEC. 28, 2001 
115 STAT. 1401 
(c) REPORT.—(1) Not later than May 1, 2002, the Attorney Deadline. 
General shall submit to Congress a report on the review carried 
out under subsection (a). The report shall include 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 unauthorized disclosure of 
classified information, including whether or not modifications 
of such laws or regulations, or additional laws or regulations, 
are advisable in order to further protect against the unauthor-
ized disclosure of such information. 
(C) Any recommendations for legislative or administrative 
action that the Attorney General considers 
appropriate, 
including a proposed draft for any such action, and a com-
prehensive analysis of the Constitutional and legal ramifica-
tions of any such action. 
(2) The report shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 311. ONE-YEAR SUSPENSION OF REORGANIZATION OF DIPLO- 
22USC7301 
MATIC 
TELECOMMUNICATIONS 
SERVICE 
PROGRAM 
note. 
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 Pro-
gram 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 October 1, 2002. 
SEC. 312. PRESIDENTIAL APPROVAL AND SUBMISSION TO CONGRESS 
OF NATIONAL COUNTERINTELLIGENCE STRATEGY AND 
NATIONAL 
THREAT 
IDENTIFICATION 
AND 
PRIORITIZATION ASSESSMENTS. 
The National Counterintelligence Strategy, and each National 
Threat Identification and Prioritization Assessment, produced under 
Presidential Decision Directive 75, dated December 28, 2000, enti-
tled "U.S. Counterintelligence Effectiveness—Counterintelligence 
for the 21st Century", including any modification of that Strategy 
or any such Assessment, may only take effect if approved by the 
President. The Strategy, each Assessment, and any modification 
thereof, shall be submitted to the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate. 
SEC. 313. REPORT ON ALIEN TERRORIST REMOVAL PROCEEDINGS. 
Section 504 of the Immigration and Nationality Act (8 U.S.C. 
1534) is amended by adding after subsection (k) the following new 
subsection: 
"(1) Not later than 3 months from the date of the enactment Deadline, 
of this subsection, the Attorney General shall submit to Congress 
a report concerning the effect and efficacy of alien terrorist removal 
proceedings, including the reasons why proceedings 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 enact-
ment of the USA PATRIOT Act of 2001 (Public Law 107-56).". 
89-194 O - 03 -14 QL 3 Part 2 
115 STAT. 1402 
PUBLIC LAW 107-108—DEC. 28, 2001 
SEC. 314. TECHNICAL AMENDMENTS. 
(a) FISA.—The Foreign Intelligence Surveillance Act of 1978 
is amended as follows: 
(1) Section 101(h)(4) (50 U.S.C. 1801(h)(4)) is amended 
by striking "twenty-four hours" and inserting "72 hours". 
(2) Section 105 (50 U.S.C. 1805) is amended— 
(A) by inserting ", if known" in subsection (c)(1)(B) 
before the semicolon at the end; 
(B) by striking "twenty-four hours" in subsection (f) 
each place it appears and inserting "72 hours"; 
(C) by transferring the subsection (h) added by section 
225 of the USA PATRIOT Act (Public Law 107-56; 115 
Stat. 295) so as to appear after (rather than before) the 
subsection (h) redesignated by section 602(b)(2) of the 
Counterintelligence Reform Act of 2000 (title VI of Public 
Law 106-567; 114 Stat. 2851) and redesignating that sub-
section as so transferred as subsection (i); and 
(D) in the subsection transferred and redesignated by 
subparagraph (C), by inserting "for electronic surveillance 
or physical search" before the period at the end. 
(3) Section 301(4)(D) (50 U.S.C. 1821(4)(D)) is amended 
by striking "24 hours" and inserting "72 hours". 
(4) Section 304(e) (50 U.S.C. 1824(e)) is amended by 
striking "24 hours" each place it appears and inserting "72 
hours". 
(5) Section 402 (50 U.S.C. 1842) is amended— 
(A) in subsection (c), as amended by paragraphs (2) 
and (3) of section 214(a) of the USA PATRIOT Act (115 
Stat. 286), by inserting "and" at the end of paragraph 
, (l);and 
(B) in subsection (f), by striking "of a court" and 
inserting "of an order issued". 
(6) Subsection (a) of section 501 (50 U.S.C. 1861), as 
inserted by section 215 of the USA PATRIOT Act (115 Stat. 
287), is amended by inserting "to obtain foreign intelligence 
information not concerning a United States person or" in para-
graph (1) after "an investigation". 
(7) Section 502 (50 U.S.C. 1862), as inserted by section 
215 of the USA PATRIOT Act (115 Stat. 288), is amended 
by striking "section 402" both places it appears and inserting 
"section 501". 
(8) The table of contents in the first section is amended— 
(A) by inserting "Sec." at the beginning of the items 
relating to sections 401, 402, 403, 404, 405, 406, and 601; 
and 
(B) by striking the items relating to sections 501, 502, 
and 503 and inserting the following: 
"Sec. 501. Access to certain business records for foreign intelligence and inter-
national terrorism investigations. 
"Sec. 502. Congressional oversight.". 
(b) TITLE 18, UNITED STATES CODE.—Paragraph (19) of section 
2510 of title 18, United States Code, as added by section 203(b)(2)(C) 
of the USA PATRIOT Act (115 Stat. 280), is amended by inserting 
", for purposes of section 2517(6) of this title," before "means". 
Effective date. 
(c) USA PATRIOT ACT.—Effective as of the enactment of such 
Act and as if included therein as originally enacted, the USA 
PATRIOT Act (Public Law 107-56) is amended— 
PUBLIC LAW 107-108—DEC. 28, 2001 
115 STAT. 1403 
(1) in section 207(b)(1) (115 Stat. 282), by striking 50USC1805. 
"105(d)(2)" and "1805(d)(2)" and inserting "105(e)(2)" and 
"1805(e)(2)", respectively; and 
(2) in section 1003 (115 Stat. 392), by inserting "of 1978" 50USC1801. 
after "Act". 
TITLE IV—CENTRAL INTELLIGENCE 
AGENCY 
SEC. 401. MODIFICATIONS OF CENTRAL SERVICES PROGRAM. 
(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 "complete". 
(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 "para-
graph (3)" and inserting "paragraph (2)"; and 
(4) in paragraph (2), as so redesignated, by striking "para-
graph (2)" and inserting "paragraph (1)". 
SEC. 402. ONE-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY 
VOLUNTARY SEPARATION PAY ACT. 
Section 2 of the Central Intelligence Agency Voluntary Separa-
tion 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 
(2) in subsection (i), 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 han-
dling cases involving foreign assets or sources with human rights 
concerns and recognizing that, although there have been recent 
modifications to those guidelines, they do not fully address the 
challenges of both existing and long-term threats to United States 
security, the Director of Central Intelligence shall— 
(1) rescind the existing guidelines for handling such cases; 
(2) issue new guidelines that more appropriately weigh 
and incentivize risks to ensure that qualified field intelligence 
officers can, and should, swiftly and directly gather intelligence 
from human sources in such a fashion as to ensure the ability 
to provide timely information that would allow for indications 
and warnings of plans and intentions of hostile actions or 
events; and 
(3) ensure that such information is shared in a broad 
and expeditious fashion so that, to the extent possible, actions 
to protect American lives and interests can be taken. 
115 STAT. 1404 
PUBLIC LAW 107-108—DEC. 28, 2001 
SEC. 404. FULL REIMBURSEMENT FOR PROFESSIONAL LIABILITY 
INSURANCE OF COUNTERTERRORISM EMPLOYEES. 
Section 406(a)(2) of the Intelligence Authorization Act for Fiscal 
Year 2001 (Public Law 106-567; 114 Stat. 2849; 5 U.S.C. prec. 
5941 note) is amended by striking "one-half and inserting "100 
percent". 
TITLE V—DEPARTMENT OF DEFENSE 
INTELLIGENCE ACTIVITIES 
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 PURPOSES.—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 emplo5mient by that element.". 
(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 begin-
ning of the text of the section the following: 
"(a) 
COUNTERINTELLIGENCE OFFICIAL RECEPTION AND REP-
RESENTATION E X P E N S E S . — " . 
(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. 
(a) AUTHORITY.— 
(1) In addition to funds otherwise available for such pur-
pose, the Secretaries of the Army, Navy, and Air Force may 
each transfer or reprogram such funds as are necessary— 
(A) for the enhancement of the capabilities of the 
Menwith Hill Station and Bad Aibling Station, including 
improvements of facility infrastructure and quality of life 
programs at those installations; and 
(B) at the appropriate time, for costs associated with 
the closure of the Bad Aibling Station. 
(2) The authority provided in paragraph (1) may be exer-
cised notwithstanding any other provision of law. 
(b) SOURCE OF FUNDS.—Funds available for any of the military 
departments for operation and maintenance shall be available to 
carry out subsection (a). 
(c) BUDGET REPORT.—The Secretary of each military depart-
ment shall ensure— 
(1) that the annual budget request of that military depart-
ment reflects any funds transferred or reprogrammed under 
this section for the preceding fiscal year; and 
PUBLIC LAW 107-108—DEC. 28, 2001 
115 STAT. 1405 
(2) that a copy of the portion of the budget request showing 
each such transfer or reprogramming is transmitted to the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of 
the Senate. 
(d) STATUTORY CONSTRUCTION.—Nothing in this section may 
be construed to modify or obviate existing law or practice with 
regard to the transfer or reprogramming of funds from the Depart-
ment of the Army, the Department of the Navy, or the Department 
of the Air Force to the Menwith Hill Station at the Bad Aibling 
Station. 
SEC. 503. MODIFICATION OF AUTHORITIES RELATING TO OFFICIAL 
IMMUNITY IN INTERDICTION OF AIRCRAFT ENGAGED IN 
ILLICIT DRUG TRAFFICKING. 
(a) CERTIFICATION REQUIRED FOR IMMUNITY.—Subsection (a)(2) 
of section 1012 of the National Defense Authorization Act for Fiscal 
Year 1995 (Public Law 103-337; 22 U.S.C. 2291-4) is amended 
by striking ", before the interdiction occurs, has determined" in 
the matter preceding subparagraph (A) and inserting "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 sub-
section (c): 
"(c) ANNUAL REPORT.—(1) Not later than February 1 each year. Deadline. 
the President shall submit to Congress a report on the assistance President. 
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 effect for purposes of 
that subsection during any portion of such calendar year, 
including the nature of the illicit drug trafficking threat to 
each such country. 
"(B) A detailed explanation of the procedures referred to 
in subsection (a)(2)(B) in effect for each country listed under 
subparagraph (A), including any training and other mecha-
nisms in place to ensure 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 Government provided any 
form of assistance under subsection (b). 
"(2) Each report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.". 
SEC. 
504. 
UNDERGRADUATE 
TRAINING 
PROGRAM 
FOR 
EMPLOYEES 
OF 
THE 
NATIONAL 
IMAGERY 
AND 
MAPPING 
AGENCY. 
(a) AUTHORITY TO CARRY OUT TRAINING PROGRAM.—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 acquisi-
tion of critical skills 
"The Secretary of Defense may establish an undergraduate 
training program with respect to civilian employees of the National 
115 STAT. 1406 
PUBLIC LAW 107-108—DEC. 28, 2001 
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 Security Agency.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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. 505. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, 
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 activities of the Department of Defense shall 
be prepared or conducted 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 con-
cerned, to the following committees of Congress: 
(1) The Committee on Armed Services, the Committee on 
Appropriations, and the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
(2) The Committee on Armed Services, the Committee on 
Appropriations, and the Select Committee on Intelligence of 
the Senate. 
SEC. 506. ENHANCEMENT OF SECURITY AUTHORITIES OF NATIONAL 
SECURITY AGENCY. 
Section 11 of the National Security Agency Act of 1959 (50 
U.S.C. 402 note) is amended to read as follows: 
"SEC. 11. (a)(1) The Director of the National Security Agency 
may authorize agency personnel within the United States to perform 
the same functions as special policemen of the General Services 
Administration perform under the first section of the Act entitled 
'An Act to authorize the Federal Works Administrator or officials 
of the Federal Works Agency duly authorized by him to appoint 
special policemen for duty upon Federal property under the jurisdic-
tion of the Federal Works Agency, and for other purposes' (40 
U.S.C. 318) with the powers set forth in that section, except that 
such personnel shall perform such functions and exercise such 
powers— 
"(A) at the National Security Agency Headquarters complex 
and at any facilities and protected property which are solely 
under the administration and control of, or are used exclusively 
by, the National Security Agency; and 
"(B) in the streets, sidewalks, and the open areas within 
the zone beginning at the outside boundary of such facilities 
or protected property and extending outward 500 feet. 
PUBLIC LAW 107-108—DEC. 28, 2001 
115 STAT. 1407 
"(2) The performance of functions and exercise of powers under 
subparagraph (B) of paragraph (1) shall be limited to those cir-
cumstances where such personnel can identify 
specific 
and 
articulable facts giving such personnel reason to believe that the 
performance of such functions and exercise of such powers is reason-
able to protect against physical damage or injury, or threats of 
physical damage or injury, to agency installations, property, or 
employees. 
"(3) Nothing in this subsection shall be construed to preclude, 
or limit in any way, the authority of any Federal, State, or local 
law enforcement agency, or any other Federal police or Federal 
protective service. 
"(4) The rules and regulations enforced by such personnel shall 
be the rules and regulations prescribed by the Director and shall 
only be applicable to the areas referred to in subparagraph (A) 
of paragraph (1). 
"(5) Not later than July 1 each year, the Director shall submit Deadline, 
to the Permanent Select Committee on Intelligence of the House Reports, 
of Representatives and the Select Committee on Intelligence of 
the Senate a report that describes in detail the exercise of the 
authority granted by this subsection and the underlying facts 
supporting the exercise of such authority, during the preceding 
fiscal year. The Director shall make each such report available 
to the Inspector General of the National Security Agency. 
"(b) The Director of the National Security Agency is authorized 
to establish penalties for violations of the rules or regulations 
prescribed by the Director under subsection (a). Such penalties 
shall not exceed those specified in the fourth section of the Act 
referred to in subsection (a) (40 U.S.C. 318c). 
"(c) Agency personnel designated by the Director of the National 
Security Agency under subsection (a) shall be clearly identifiable 
as United States Government security personnel while engaged 
in the performance of the functions to which subsection (a) refers.". 
Approved December 28, 2001. 
LEGISLATIVE HISTORY—H.R. 2883 (S. 1428): 
HOUSE REPORTS: Nos. 107-219 (Permanent Select Comm. on Intelligence) and 
107-328 (Comm. of Conference). 
SENATE REPORTS: Nos. 107-63 (Select Comm. on Intelligence) and 107-92 
(Comm. on Armed Services), both accompanying S. 1428. 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
Oct. 5, considered and passed House. 
Nov. 8, considered and passed Senate, amended, in lieu of S. 1428. 
Dec. 12, House agreed to conference report. 
Dec. 13, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 
Dec. 28, Presidential statement.