99 006
107 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
107 328
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2002
December 6, 2001.--Ordered to be printed
Mr. Goss , from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2883]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 2883), 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, having met,
after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the
Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
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 Congress on intelligence community contracting.
Sec. 304. Requirements for lodging allowances in intelligence
community assignment program benefits.
Sec. 305. Modification of reporting requirements for significant
anticipated intelligence activities and significant intelligence
failures.
Sec. 306. Report on implementation of recommendations of the
National Commission 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 employees who report urgent concerns to Congress.
Sec. 310. Review of protections against the unauthorized
disclosure of classified information.
Sec. 311. One-year suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 312. Presidential approval and submission to Congress of
National Counterintelligence 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.
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 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 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 Authorizations.--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 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 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 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 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 Community Management Account for fiscal year 2002
such additional amounts as are specified in the classified Schedule of
Authorizations referred to in section 102(a). Such additional amounts
shall remain available until September 30, 2003.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence 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
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.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be appropriated in
subsection (a), $44,000,000 shall be available for the National Drug
Intelligence Center. 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 Central 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 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)(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 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 semicolon.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
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, 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 CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central Intelligence
should continue to direct that elements of the intelligence community,
whenever compatible with the national security 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 INTELLIGENCE
COMMUNITY ASSIGNMENT PROGRAM BENEFITS.
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 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.
``(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
SIGNIFICANT 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 significant
intelligence failure that is submitted to the intelligence committees
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.
``(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
NATIONAL COMMISSION ON TERRORISM AND OTHER ENTITIES.
(a) In General.--Not later than 120 days after the date of 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 Intelligence of the Senate a
report concerning whether, and to what extent, the Intelligence
Community has implemented recommendations 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 Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public 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 Department
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 Intelligence
Agency.--Section 17(d)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(d)(5)) is amended--
(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 complaint 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 subsection (a), or does not transmit the
complaint or information to the head of the establishment in accurate
form under subsection (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 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 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 protect against the
unauthorized disclosure of classified information; and
(2) whether recent developments in technology, and anticipated
developments in technology, necessitate particular modifications of
current protections against the unauthorized disclosure of classified
information in order to further protect against the unauthorized
disclosure of such information.
(c) Report.--(1) Not later than May 1, 2002, the Attorney 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 unauthorized 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 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. 311. ONE-YEAR SUSPENSION OF REORGANIZATION OF DIPLOMATIC
TELECOMMUNICATIONS SERVICE 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 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, entitled
``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:
``(l) Not later than 3 months from the date of the enactment 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 enactment of the USA
PATRIOT Act of 2001 (Public Law 107 56).''.
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 subsection 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 (1); 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 paragraph (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 international 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''.
(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--
(1) in section 207(b)(1) (115 Stat. 282), by striking ``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'' 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 ``paragraph
(3)'' and inserting ``paragraph (2)''; and
(4) in paragraph (2), as so redesignated, by striking ``paragraph
(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 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
(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 handling 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.
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 employment 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 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.
(a) Authority.--
(1) In addition to funds otherwise available for such purpose, 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 exercised
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 department shall
ensure--
(1) that the annual budget request of that military department
reflects any funds transferred or reprogrammed under this section for
the preceding fiscal year; and
(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 Department 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 subsection
(c):
``(c) Annual Report.--(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 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 mechanisms 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
acquisition of critical skills
``The Secretary of Defense may establish an undergraduate training
program with respect to civilian employees 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 Security 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. 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 concerned, to the
following committees of Congress:
(1) The Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence 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 jurisdiction 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.
``(2) The performance of functions and exercise of powers under
subparagraph (B) of paragraph (1) shall be limited to those
circumstances 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 reasonable 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 to
the Permanent Select Committee on Intelligence of the House 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.''.
And the Senate agree to the same.
From the Permanent Select Committee on Intelligence, for
consideration of the House bill and the Senate amendment, and
modifications committed to conference:
Porter J. Goss,
Douglas Bereuter,
Michael N. Castle,
Sherwood Boehlert,
Jim Gibbons,
Ray LaHood,
Duke Cunningham,
Pete Hoekstra,
Richard Burr,
Saxby Chambliss,
Nancy Pelosi,
Sanford Bishop,
Jane Harman,
Gary Condit,
Tim Roemer,
Alcee L. Hastings (except for an item listed in the classified
schedule of authorizations),
Leonard L. Boswell,
Collin C. Peterson,
Managers on the Part of the House.
Bob Graham,
John D. Rockefeller IV,
Dianne Feinstein,
Ron Wyden,
Richard Durbin,
Evan Bayh,
John Edwards,
Barbara Mikulski,
Richard Shelby,
Jon Kyl,
James Inhofe,
Orrin G. Hatch,
Pat Roberts,
Mike DeWine,
Fred Thompson,
Richard G. Lugar,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill (H.R. 2883), 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, submit the following joint statement to the House and
the Senate in explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after the enacting
clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of the
Senate with an amendment that is a substitute for the House bill and the
Senate amendment. The differences between the House bill, the Senate
amendment, and the substitute agreed to in conference are noted below,
except for clerical corrections, conforming changes made necessary by
agreements reached by the conferees, and minor drafting and clerical
changes.
The managers agree that the congressionally directed actions
described in the House bill, the Senate amendment, the respective
committee reports, and classified annexes accompanying H.R. 2883, should
be undertaken to the extent that such congressionally directed actions
are not amended, altered, or otherwise specifically addressed in either
this Joint Explanatory Statement or in the classified annex to the
conference report on the bill H.R. 2883.
Rebuilding the Nation's Intelligence Capabilities
The conferees note that the fiscal year 2002 budget request
submitted by the President includes a substantial increase for programs
funded in the National Foreign Intelligence Program. This authorization
bill further enhances that investment. The conferees believe this
funding increase should represent the first installment of at least a
five-year effort to correct serious deficiencies that have developed
over the past decade in the Intelligence Community. The conferees
recognize that these deficiencies existed prior to the events of
September 11th and, indeed, they have been consistently highlighting
these shortfalls for the past seven years. Put simply, although the end
of the Cold War warranted a reordering of national priorities, the
steady decline in intelligence funding since the mid-1990s left the
nation with a diminished ability to address the emerging threats and
technological challenges of the 21st Century.
In this budget, the conferees seek to highlight four priority areas
that must receive significant attention in the near term if intelligence
is to fulfill its role in our national security strategy. Those are: (1)
revitalizing the National Security Agency (NSA); (2) correcting
deficiencies in human intelligence; (3) addressing the imbalance between
intelligence collection and analysis; and (4) rebuilding a robust
research and development program.
The conferees' top priority last year was the revitalization of the
National Security Agency. This continues to be the conferees' number one
concern. Within the next five years, the NSA must have the ability to
collect and exploit electronic signals in a vastly differenct
communications environment. Along with significant investment in
technology, this means closer collaboration with clandestine human
collectors. The computer and telecommunications systems that NSA
employees use to accomplish their work must be state-of-the-art
technology. Analysts must have sophisticated software tools to allow
them to exploit fully the amount of data available in the future.
Correcting deficiencies in the area of human intelligence is
critical for the Intelligence Community if it is to meet the
increasingly complex and growing set of collection requirements within
the next five years. The Central Intelligence Agency (CIA) will need to
hire case officers capable of dealing with the explosion of technology,
both as collection tools and as potential threats. These individuals
must be able to operate effectively in the many places around the world.
To do that, the CIA must place even greater emphasis on the diversity of
the new recruits. As importantly, the emphasis of our human collection
must change in such a way that places a priority on being able to access
the types of information that reveal the plans and intentions of those
who would harm U.S. interests. The human intelligence system also must
be integrated more closely with our other collection capabilities.
As we do a better job of collecting intelligence, we also must
enhance our ability to understand this information. The percentage of
the intelligence budget devoted to processing and analysis has been
declining steadily since 1990. Although collection systems are becoming
more and more capable, our investment in analysis continues to decline.
The disparity threatens to overwhelm our ability to effectively use the
information collected. To address this problem, the conferees have added
funds to finance promising all-source analysis initiatives across the
Community. Over the next five years, the Intelligence Community must
rebuild its all-source analytical capability, creating a force that can
truly present a global coverage capability.
The conferees' fourth priority, a strong research and development
program, supports all of the other initiatives and more. Over the past
decade, agencies have allowed research and development accounts to be
the ``bill payer'' for funding shortfalls, and have sacrificed
modernization and innovation in the process. The conferees believe that
over the next five years, there must be a review of several emerging
technologies to determine what will provide the best long-term return on
investment, while ensuring that sufficient incentives for ``risk'' are
promoted in order to bring R&D to the ``cutting edge.'' As part of such
an effort, the conferees continue to support and encourage a symbiotic
relationship between the Intelligence Community and the private sector
using innovative approaches such as the Central Intelligence Agency's
In-Q-Tel.
Although the conferees believe that this authorization represents a
``down payment'' for a five-year effort to rebuild our intelligence
capabilities, they also believe that, in light of the horrible and
tragic terrorist attacks, this year's authorization represents only a
snapshot in time, and does not necessarily represent the critically
needed long-term investments sufficient to bolster national security
objectives. In fact, the conferees believe that this authorization is
only the beginning of what must be a substantial investment if the
nation is to have the intelligence capabilities required to protect
national security and to provide the first line of defense against
terrorism and other transnational issues.
Beyond the four priority areas mentioned above, significant
attention is needed elsewhere as well. For example, designing and
procuring the appropriate capabilities for technical collection to
replace our aging systems must also be addressed. Additionally,
there are areas that the Administration must address that are
beyond financial investment, and go to instilling, within the
Intelligence Community, a focus on ensuring anticipatory access, so as
to be able to obtain information on plans and intentions in order to
prevent crises. The Intelligence Community must create a ``culture''
that is less risk averse.
Finally, the conferees believe that any effort to invest in and
expand intelligence capabilities will only be marginally successful, at
best, if there is not a parallel effort to change the structure of the
Community where appropriate. Today's intelligence structure is not
suitable to address current and future challenges, and the conferees
look forward to working with the Administration on this issue as well.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS
Section 101 of the conference report lists the departments,
agencies, and other elements of the United States Government for whose
intelligence and intelligence-related activities the Act authorizes
appropriations for fiscal year 2001. Section 101 is identical to section
101 of the House bill and section 101 of the Senate amendment, except
for the addition of the Coast Guard, see section 105, infra.
SEC. 102 CLASSIFIED SCHEDULE OF AUTHORIZATIONS
Section 102 of the conference report makes clear that the details of
the amounts authorized to be appropriated for intelligence and
intelligence-related activities and applicable personnel ceilings
covered under this title for fiscal year 2002 are contained in a
classified Schedule of Authorizations. The classified Schedule of
Authorizations is incorporated into the Act by this section. 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 classified annex provides the details of the Schedule.
Section 102 is identical to section 102 of the House bill and section
102 of the Senate amendment.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS
Section 103 of the conference report authorizes the Director of
Central Intelligence, with the approval of the Director of the Office of
Management and Budget, in fiscal year 2002 to authorize employment of
civilian personnel in excess of the personnel ceilings applicable to the
components of the Intelligence Community under section 102 by an amount
not too exceed two percent of the total of the ceilings applicable under
section 102. The Director of Central Intelligence may exercise this
authority only if necessary to the performance of important intelligence
functions. Any exercise of this authority must be reported to the
intelligence committees of the Congress.
The managers emphasize that the authority conferred by section 103
is not intended to permit wholesale increases in personnel strength in
any intelligence component. Rather, the section provides the Director of
Central Intelligence with
flexibility to adjust personnel levels temporarily for
contingencies and for overages caused by an imbalance between hiring of
new employees and attrition of current employees. The managers do not
expect the Director of Central Intelligence to allow heads of
intelligence components to plan to exceed levels set in the Schedule of
Authorizations except for the satisfaction of clearly identified hiring
needs that are consistent with the authorization of personnel strengths
in this bill. In no case is this authority to be used to provide for
positions denied by this bill. Section 103 is identical to section 103
of the House bill and section 103 of the Senate amendment.
sec. 104. intelligence community management account
Section 104 of the conference report authorizes appropriations for
the Community Management Account (CMA) of the Director of Central
Intelligence (DCI) and sets the personnel end-strength for the
Intelligence Community management staff for fiscal year 2002.
Subsection (a) authorizes appropriations of $200,276,000 for fiscal
year 2002 for the activities of the CMA of the DCI.
Subsection (b) authorizes 343 full-time personnel for the Community
Management Staff for fiscal year 2002 and provides that such personnel
may be permanent employees of the Staff or detailed from various
elements of the United States Government.
Subsection (c) authorizes additional appropriations and personnel
for the CMA as specified in the classified Schedule of Authorizations
and permits these additional amounts to remain available through
September 30, 2003.
Subsection (d) requires that, except as provided in Section 113 of
the National Security Act of 1947, personnel from another element of the
United States Government be detailed to an element of the CMA on a
reimbursable basis, or for temporary situations of less than one year on
a non-reimbursable basis.
Subsection (e) authorizes $44,000,000 of the amount authorized in
subsection (a) to be made available for the National Drug Intelligence
Center (NDIC). Subsection (e) requires the DCI to transfer these funds
to the Department of Justice to be used for NDIC activities under the
authority of the Attorney General and subject to section 103(d)(1) of
the National Security Act. Subsection (e) is similar to subsection (e)
of the House bill and subsection (e) of the Senate amendment.
The managers note that since Fiscal Year 1997 the Community
Management Account has included authorization for appropriations for the
National Drug Intelligence Center (NDIC). The committees periodically
have expressed concern about the effectiveness of NDIC and its ability
to fulfill the role for which it was created. The managers are
encouraged by the NDIC's recent performance and by the refocused role
for the organization. The conferees request that the Director of the
NDIC provide a spending plan for fiscal year 2002 to the intelligence
committees and to the appropriations committees within 90 days of
enactment of this Act.
SEC. 105. CODIFICATION OF THE COAST GUARD AS AN ELEMENT OF THE
INTELLIGENCE COMMUNITY
Section 105 is identical to Section 105 of the House bill. The
Senate amendment had no similar provision. The Senate recedes.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS
Section 201 is identical to Section 201 of the Senate amendment and
section 201 of the House bill.
TITLE III--GENERAL PROVISIONS
SUBTITLE A--INTELLIGENCE COMMUNITY
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW
Section 301 is identical to Section 301 of the Senate amendment and
section 301 of the House bill.
sec. 302 restriction on conduct of intelligence activities
Section 302 is identical to Section 302 of the Senate amendment and
section 302 of the House bill.
SEC. 303 SENSE OF THE CONGRESS OF INTELLIGENCE COMMUNITY CONTRACTING
Section 303 is identical to Section 303 of the House bill. The
Senate amendment had no similar provision. The Senate recedes.
sec. 304. REQUIREMENTS FOR LODGING ALLOWANCES IN INTELLIGENCE COMMUNITY
ASSIGNMENT PROGRAM BENEFITS
Section 304 is identical to Section 304 of the House amendment. The
Senate amendment had no similar provision. The Senate recedes.
SEC. 305. MODIFICATION OF REPORTING REQUIREMENTS FOR SIGNIFICANT
ANTICIPATED INTELLIGENCE ACTIVITIES AND SIGNIFICANT INTELLIGENCE FAILURES
Section 305 is identical to Section 305 of the Senate amendment. The
House bill had no similar provision. The House recedes.
SEC. 306. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL
COMMISSION ON TERRORISM AND OTHER ENTITIES
Section 306 is similar to Section 307 of the House bill, which
requires a report from the Director of Central Intelligence concerning
whether and to what extent, the Intelligence Community has implemented
the applicable recommendations set forth by the National Commission on
Terrorism (Bremer Commission). The DCI report, which shall be due 120
days after enactment of this legislation, shall include a detailed
explanation from the DCI as to the reasons for not implementing
Intelligence Community-related recommendations contained within the
three commission reports. The Senate amendment had no similar provision.
The conferees agree to expand the DCI's reporting requirement to include
applicable provisions of the US commission on National Security for the
21st Century and the second annual report of the so-called Gilmore
Commission. The Senate amendment had no similar provision. The Senate
recedes.
SEC. 307. JUDICIAL REVIEW UNDER FOREIGN NARCOTICS KINGPIN DESIGNATION
ACT
Section 307 is identical to Section 303 of the Senate amendment. The
House bill had no similar provision. The House recedes.
SEC. 308. MODIFICATION OF POSITIONS REQUIRING CONSULTATION WITH DIRECTOR
OF CENTRAL INTELLIGENCE IN APPOINTMENTS
Section 308 is identical to Section 304 of the Senate amendment. The
House bill had no similar provision. The House recedes.
SEC. 309. MODIFICATION OF AUTHORITIES FOR PROTECTION OF INTELLIGENCE
COMMUNITY EMPLOYEES WHO REPORT URGENT CONCERNS TO CONGRESS
Section 309 is identical to Section 306 of the Senate amendment. The
House bill had no similar provision. The House recedes.
SEC. 310. REVIEW OF PROTECTIONS AGAINST THE UNAUTHORIZED DISCLOSURE OF
CLASSIFIED INFORMATION
Section 310 is identical to Section 307 of the Senate amendment. The
House bill had no similar provision. The House recedes. The conferees
expect a report no later than May 1, 2002, from the Attorney General
providing a comprehensive review of current protections against the
unauthorized disclosure of classified information.
SEC. 311. ONE-YEAR SUSPENSION OF REORGANIZATION OF DIPLOMATIC
TELECOMMUNICATIONS SERVICE PROGRAM OFFICE
Section 311 is identical to Section 309 of the Senate amendment. The
House bill had no similar provision. The House recedes.
sec. 312. presidential approval and submission to congress of national
counterintelligence strategy and national threat identification and
prioritization assessments
Section 312 is identical to Section 310 of the Senate amendment. The
House bill had no similar provision. The House recedes.
sec. 313. report on alien terrorist removal proceedings
Section 313 is identical to section 312 of the Senate amendment. The
House bill had no similar provision. The House recedes.
sec. 314. technical amendments
Extension of Time to Seek FISA Ratification of Attorney
General-authorized Electronic Surveillance and Physical Searches
Under current law, the Attorney General may authorize electronic
surveillance or a search without a court order when he concludes, first,
that the factual basis for granting such an order exists and, second,
that an emergency exists requiring action before a court order may be
obtained. 50 U.S.C. 1805(f), 1824(e). Current law requires the
Government to prepare a complete FISA application and present it to the
FISA court for approval within 24 hours ``after the Attorney General
authorizes'' the surveillance or search. Failure to do so results in the
suppression of information from the surveillance or search.
Given the length and complexity of many FISA applications, the need
to verify the accuracy of each FISA declaration by review in the field,
the requirement that the Government obtain both a written certification
from the director of the FBI (or a similar official) and the written
approval of the Attorney General, it often is extremely difficult to
meet the 24-hour deadline. This is especially true where--as often will
be the case--the emergency authorization comes in the midst of a larger
emergency requiring the personal attention of the Attorney General and
the Director of the FBI. The emergency authorization provision of title
III wiretaps, 18 U.S.C. 2518(7), sets a deadline of 48-hours, and starts
the 48-hour clock not at the time of authorization, but only once the
interception ``has occurred, or begins to occur.''
The conferees agreed to a provision to extend the time for judicial
ratification of an emergency FISA surveillance or search from 24 to 72
hours. That would give the Government adequate time to assemble an
application without requiring extraordinary effort by officials
responsible for the preparation of those applications. The additional 48
hours for FISA applications is appropriate given their complexity and
the need for higher-level approval for FISA applications than for
applications under title III. The additional time is also appropriate
given that the deadline for submission of applications under FISA begins
when the Attorney General authorizes the surveillance or search, rather
than when the surveillance or search actually occurs, as is the case
under title III.
Multipoint Wiretaps
The multipoint wiretap amendment to FISA in the USA PATRIOT Act
(section 206) allows the FISA court to issue generic orders of
assistance to any communications provider or similar person, instead of
to a particular communications provider. This change permits the
Government to implement new surveillance immediately if the FISA target
changes providers in an effort to thwart surveillance. The amendment was
directed at persons who, for example, attempt to defeat surveillance by
changing wireless telephone providers or using pay phones.
Currently, FISA requires the court to ``specify'' the ``nature and
location of each of the facilities or places at which the electronic
surveillance will be directed.'' 50 U.S.C. 1805(c)(1)(B). Obviously, in
certain situations under current law, such a specification is limited.
For example, a wireless phone has no fixed location and electronic mail
may be accessed from any number of locations.
To avoid any ambiguity and clarify Congress' intent, the conferees
agreed to a provision which adds the phrase, ``if known,'' to the end of
50 U.S.C. 1805(c)(1)(B). The ``if known'' language, which follows the
model of 50 U.S.C. 1805(c)(1)(A), is designed to avoid any uncertainty
about the kind of specification required in a multipoint wiretap case,
where the facility to be monitored is typically not known in advance.
Non-conformity of FISA Subsections 501(a)(1) and 501(b)(2)
Section 215 of the USA PATRIOT Act of 2001 amended title V of the
FISA, adding a new section 501. Section 501(a)(1) now authorizes the
director of the FBI to apply for a court order to produce certain
records ``for an investigation to protect against international
terrorism or clandestine intelligence activities.'' Section 501(b)(2)
directs that the application for such records specify that the purpose
of the investigation is to ``obtain foreign intelligence information not
concerning a United States person.'' However, section 501(a)(1), which
generally authorizes the applications, does not contain equivalent
language. Thus, subsections (a)(1) and (b)(2) now appear inconsistent.
The conferees agreed to a provision which adds the phrase ``to
obtain foreign intelligence information not concerning a United States
person or'' to section 501(a)(1). This would make the language of
section 501(a)(1) consistent with the legislative history of section 215
of the USA PATRIOT Act ( see 147 Cong. Res. S11006 (daily ed. Oct. 25,
2001) (sectional analysis)) and with the language of section 214 of the
USA PATRIOT Act (authorizing an application for an order to use pen
registers and trap and trace devices to ``obtain foreign intelligence
information not concerning a United States person'').
Clarification of Intelligence Exception
Section 203(b)(2) of the USA PATRIOT Act added a definition of
``foreign intelligence information'' to chapter 119 of title 18, United
States Code. The existing
intelligence exception from certain chapters of title
18--i.e., chapters 119, 121, and 206--is contained in chapter 119 (at 18
U.S.C. 2511(2)(f)) and uses the term ``foreign intelligence
information'' to define the scope of the exception. As a result, the new
definition of ``foreign intelligence information'' added by section
203(b)(2) could potentially be read to limit the intelligence
exception--particularly when compared to the National Security Act
definition of ``foreign intelligence'' (50 U.S.C. 401(a)).
Other Technical Amendments
The conferees agreed to provisions correcting several drafting
problems in the text of the USA PATRIOT Act. First, section 207(b)(1) of
the PATRIOT ACT refers to section 105(d)(2) instead of section 105(e)(2)
and to 50 U.S.C. 1805(d)(2) instead of 50 U.S.C. 1805(e)(2). Second,
section 215 (creating new section 502 of FISA) refers to ``section 402''
instead of ``section 501'' in the last line of new section 502(a) and in
the last line of new section 502(b)(1). Third, section 225 adds a new
subsection (h) immediately following 50 U.S.C. 1805(g), but it should
add a new subsection (i) immediately following 50 U.S.C. 1805(h).
Fourth, the title of section 225 is ``Immunity for Compliance with
FISA Wiretap'' and it is an amendment to 50 U.S.C. 1805, both of which
suggest that it applies only to electronic surveillance and not to
physical searches or other activity authorized by FISA. However, the
text of section 225 refers to court orders and requests for emergency
assistance ``under this Act,'' which makes clear that it applies to
physical searches (and pen-trap requests--for which there already exists
an immunity provision, 50 U.S.C. 1842(f)--and subpoenas) as well as to
electronic surveillance.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
sec. 401. modifications to central intelligence agency's central service
program
Section 401 is identical to Section 401 of the House bill and
Section 402 of the Senate amendment.
sec. 402. one-year extension of central intelligence agency voluntary
separation pay act
Section 402 is identical to Section 402 of the House bill and
section 401 of the Senate amendment.
sec. 403. guidelines for recruitment of certain foreign assets
Section 403 addresses the CIA's 1995 guidelines on recruitment of
foreign assets and sources. The House bill noted the concern that
excessive caution and a burdensome vetting process resulting from the
1995 guidelines have undermined the CIA's ability and
willingness to recruit assets, especially those who would
provide insights into terrorist organizations and other hard targets.
The conferees believe that the concerns expressed in the House bill
are justified and that, despite the changes to the 1995 guidelines that
the Director of Central Intelligence made in September, the current
guidelines must be rescinded and replaced with new guidelines. The
conferees intend that a new balance be struck between potential gain and
risk, a balance that recognizes concerns about egregious human rights
behavior and law breaking, while providing much needed flexibility to
take advantage of opportunities to gather important information as those
opportunities present themselves. Moreover, the conferees believe that
the goals and priorities for human collection must be weighted toward
collecting the type of information that will provide plans and
intentions of those who would threaten American national security, in a
timeframe that will allow maximum opportunity to prevent actions against
American interests. The conferees acknowledge that it may not always be
possible to collect such information in every case, but this must be a
focus for planning future HUMINT collection efforts if such collection
is going to be preventative in nature rather than reactive. The Senate
amendment had no similar provision. The Senate recedes.
SEC. 404. FULL REIMBURSEMENT FOR PROFESSIONAL LIABILITY INSURANCE OF
COUNTERTERRORISM EMPLOYEES
Section 404 is identical to Section 404 of the House bill. The
Senate amendment had no similar provision. The Senate recedes.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. AUTHORITY TO PURCHASE ITEMS OF NOMINAL VALUE FOR RECRUITMENT
PURPOSES
Section 501 is identical to Section 501 of the House bill. The
Senate amendment had no similar provision. The Senate recedes.
SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY-OF-LIFE IMPROVEMENTS AT
MENWITH HILL AND BAD AIBLING STATIONS
Section 502 is similar to Section 502 of the House bill. The
provision is intended to facilitate the transfer or reprogramming of
funds from the Departments of the Army, Air Force, and Navy as necessary
to support the enhancement of the infrastructure of Menwith Hill and Bad
Aibling stations. The Senate amendment had no similar provision. The
Senate recedes.
SEC. 503. MODIFICATION OF AUTHORITIES RELATING TO OFFICIAL IMMUNITY IN
INTERDICTION OF AIRCRAFT ENGAGED IN ILLICIT DRUG TRAFFICKING
Section 503 is identical to Section 503 of the House bill and
Section 308 of the Senate amendment.
sec. 504. undergraduate training program for employees of the national
imagery and mapping agency
Section 504 is identical to Section 504 of the House bill. The
Senate amendment had no similar provision. The Senate recedes.
sec. 505. preparation and submittal of reports, reviews, studies, and
plans relating to department of defense intelligence activities
Section 505 is identical to Section 311 of the Senate amendment. The
House bill had no similar provision. The House recedes.
sec. 506. enhancement of security authorities of national security
agency
Section 506 authorizes the National Security Agency (NSA) security
protective officers to exercise their law enforcement functions 500 feet
beyond the confines of NSA facilities. At present, NSA's protective
jurisdiction does not extend beyond the territorial bounds of its
perimeter fences. Additionally, NSA has to rely on several federal,
state, and local jurisdictions to respond to threats that occur just
outside its fence line. With so many jurisdictions involved, there is a
chance that a necessary response could be slowed and thus ineffective.
In addition, under current law (Section 11 of the National Security
Agency Act of 1959) the Administrator of General Services, upon the
application of the Director of NSA, may provide for the protection of
those facilities that are under the control of or use by the National
Security Agency. The General Services Administration has delegated this
authority to NSA. This amendment to the National Security Agency Act
would provide NSA with the organic authority needed to protect its
facilities and personnel without having to obtain a delegation of
authority from the General Services Administration. This section
parallels authority the Central Intelligence Agency currently has in
section 15 of the CIA Act of 1949 (50 U.S.C. 403o).
The attacks of September 11, 2001 demonstrated the growing threat of
terrorism in the United States. The conferees believe the NSA's
authority to have a protective detail should be clarified and enhanced
500 feet beyond the confines of NSA's facilities, but were sensitive to
the public's reaction to an unlimited grant of law enforcement
jurisdiction outside NSA's borders. Therefore, the exercise of this new
authority is expressly limited to only those circumstances where NSA
security protective officers can identify specific and articulable facts
giving them reason to believe that the exercise of this authority is
necessary to protect against physical damage or injury to NSA
installations, property, or employees. This provision also expressly
states that the rules and regulations prescribed by the Director of the
NSA for agency property and installations do not extend into the 500
foot area established by this provision. Thus, there will be no
restrictions, for example, on the taking of photographs within the 500
foot zone.
The conferees do not envision a general grant of police authority in
the 500 foot zone, but do envision NSA security protective officers
functioning as federal police, for limited purposes, within the 500 foot
zone with all attendant authorities, capabilities, immunities, and
liabilities. The conferees expect the Director of NSA to coordinate and
establish Memoranda of Understanding with all federal, state, or local
law enforcement
agencies with which NSA will exercise concurrent jurisdiction
in the 500 foot zones. The Director of NSA shall submit such Memoranda
of Understanding to the Select Committee on Intelligence and the Armed
Services Committee of the Senate and the Permanent Select Committee on
Intelligence and the Armed Services Committee of the House of
Representatives. The Director of NSA is also expected to develop a
training plan to familiarize the Agency's security protective officers
with their new authorities and responsibilities. The Director of NSA
shall submit such plan to the Select Committee on Intelligence and the
Armed Services Committee of the Senate and the Permanent Select
Committee on Intelligence and the Armed Services Committee of the House
of Representatives not later than 30 days after the enactment of this
provision.
Section 506 also includes a reporting requirement so that the
intelligence committees may closely scrutinize the exercise of this new
authority.
Items Not Included
Section 306 of the House bill contained a provision establishing,
with respect to the terrorist attacks of September 11, 2001, a federal
commission on the national security readiness of the United States. The
Senate bill had no similar provision. The House recedes.
From the Permanent Select Committee on Intelligence, for
consideration of the House bill and the Senate amendment, and
modifications committed to conference:
Porter J. Goss,
Douglas Bereuter,
Michael N. Castle,
Sherwood Boehlert,
Jim Gibbons,
Ray LaHood,
Duke Cunningham,
Pete Hoekstra,
Richard Burr,
Saxby Chambliss,
Nancy Pelosi,
Sanford Bishop,
Jane Harman,
Gary Condit,
Tim Roemer,
Alcee L. Hastings (except for an item listed in the classified
schedule of authorizations),
Leonard L. Boswell,
Collin C. Peterson,
Managers on the Part of the House.
Bob Graham,
John D. Rockefeller IV,
Dianne Feinstein,
Ron Wyden,
Richard Durbin,
Evan Bayh,
John Edwards,
Barbara Mikulski,
Richard Shelby,
Jon Kyl,
James Inhofe,
Orrin G. Hatch,
Pat Roberts,
Mike DeWine,
Fred Thompson,
Richard G. Lugar,
Managers on the Part of the Senate.
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