[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2883 Enrolled Bill (ENR)]

        H.R.2883

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
             the third day of January, two thousand and one


                                 An Act


 
 To authorize appropriations for fiscal year 2002 for intelligence and 
  intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
        Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.