Pub.L. 107-109 To amend the Federal Food, Drug, and Cosmetic Act to improve the safety and efficacy of pharmaceuticals for children. <> ...

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[[Page 1393]]

           INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2002

[[Page 115 STAT. 1394]]

Public Law 107-108
107th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 2002 for intelligence and 
  intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
 Retirement and Disability System, and for other purposes. <<NOTE: Dec. 
                       28, 2001 -  [H.R. 2883]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Intelligence Authorization 
Act for Fiscal Year 2002.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Codification of the Coast Guard as an element of the 
           intelligence community.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
           law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of 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.

[[Page 115 STAT. 1395]]

Sec. 402. One-year extension of Central Intelligence Agency Voluntary 
           Separation Pay Act.
Sec. 403. Guidelines for recruitment of certain foreign assets.
Sec. 404. Full reimbursement for professional liability insurance of 
           counterterrorism employees.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Authority to purchase items of nominal value for recruitment 
           purposes.
Sec. 502. Funding for infrastructure and quality-of-life improvements at 
           Menwith Hill and Bad Aibling stations.
Sec. 503. Modification of authorities relating to official immunity in 
           interdiction of aircraft engaged in illicit drug trafficking.
Sec. 504. Undergraduate training program for employees of the National 
           Imagery and Mapping Agency.
Sec. 505. Preparation and submittal of reports, reviews, studies, and 
           plans relating to Department of Defense intelligence 
           activities.
Sec. 506. Enhancement of security authorities of National Security 
           Agency.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2002 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States 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

[[Page 115 STAT. 1396]]

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 <<NOTE: 28 USC 873 note.>> 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,

[[Page 115 STAT. 1397]]

        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

[[Page 115 STAT. 1398]]

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 

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