107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-328
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2002
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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:
"Sec. 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:
"Sec. 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.
Sec. Sec. 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. Sec. 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.
Sec. 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. Sec. 1805(c)(1)(B). The "if
known" language, which follows the model of 50 U.S.C.
Sec. 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 existingintelligence
exception from certain chapters of title 18--i.e., chapters 119, 121,
and 206--is contained in chapter 119 (at 18 U.S.C. Sec. 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. Sec. 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.
Sec. 1805(d)(2) instead of 50 U.S.C. Sec. 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. Sec. 1805(g), but it should add
a new subsection (i) immediately following 50 U.S.C.
Sec. 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. Sec. 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. Sec. 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 andwillingness 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 enforcementagencies 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.
