[Congressional Record Volume 147, Number 154 (Thursday, November 8, 2001)]
[Senate]
[Pages S11587-S11590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2002--Continued

  The PRESIDING OFFICER. Under the previous order, the hour of 1:55 
p.m. having arrived, the question is, Shall the bill, H.R. 2883, as 
amended, pass? The yeas and nays have been ordered, and the clerk will 
call the roll.
  The bill clerk called the roll.
  The result was announced--yeas 100, nays 0, as follows:

                      [Rollcall Vote No. 332 Leg.]

                               YEAS--100

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden
  The bill (H.R. 2883), as amended, was passed, as follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 2883) entitled ``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.'', 
     do pass with the following amendment:
Strike out all after the enacting clause and insert:

     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. Community Management Account.

[[Page S11588]]

 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. Judicial review under Foreign Narcotics Kingpin Designation 
              Act.
Sec. 304. Modification of positions requiring consultation with 
              Director of Central Intelligence in appointments.
Sec. 305. Modification of reporting requirements for significant 
              anticipated intelligence activities and significant 
              intelligence failures.
Sec. 306. Modification of authorities for protection of intelligence 
              community employees who report urgent concerns to 
              Congress.
Sec. 307. Review of protections against the unauthorized disclosure of 
              classified information.
Sec. 308. Modification of authorities relating to official immunity in 
              interdiction of aircraft engaged in illicit drug 
              trafficking.
Sec. 309. One-year suspension of reorganization of Diplomatic 
              Telecommunications Service Program Office.
Sec. 310. Presidential approval and submission to Congress of National 
              Counterintelligence Strategy and National Threat 
              Identification and Prioritization Assessments.
Sec. 311. Preparation and submittal of reports, reviews, studies, and 
              plans relating to Department of Defense intelligence 
              activities.
Sec. 312. Alien Terrorist Removal proceedings.
Sec. 313. Technical modifications.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. One-year extension of Central Intelligence Agency Voluntary 
              Separation Pay Act.
Sec. 402. Modifications of central services program.

                    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.

     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. 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 $238,496,000. 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 
     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 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 Community 
     Management Account by subsection (a), there are also 
     authorized to be appropriated for the 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 
     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 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), $27,000,000 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.

 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. 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. 304. 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. 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

[[Page S11589]]

     departments, agencies, and entities referred to in subsection 
     (a), shall establish standards and procedures applicable to 
     reports covered by subsection (b).''.

     SEC. 306. 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 the 
     determination, the Inspector General shall transmit to the 
     Director notice of the 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 the 
     determination, the Inspector General shall transmit to the 
     head of the establishment notice of the 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. 307. 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. 308. 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; 108 Stat. 2837; 22 
     U.S.C. 2291-4) is amended by striking ``, before the 
     interdiction occurs, has determined'' 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 Reports.--(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. 309. 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. 310. 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 the Strategy or any such 
     Assessment, shall be approved by the President, and shall be 
     submitted to the appropriate committees of Congress.

     SEC. 311. 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 Committees on Armed Services and Appropriations and 
     the Select Committee on Intelligence of the Senate.
       (2) The Committees on Armed Services and Appropriations and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.

     SEC. 312. ALIEN TERRORIST REMOVAL PROCEEDINGS.

        Section 504 of the Immigration and Nationality Act (8 
     U.S.C. 1534) is amended by adding the following subsection 
     after subsection (k)--
       ``(l) No later than 3 months from the date of enactment of 
     this Act, the Attorney General shall submit a report to 
     Congress 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 U.S.A. 
     Patriot Act of 2001.''.

     SEC. 313. TECHNICAL MODIFICATIONS.

       The Director of Central Intelligence shall provide, prior 
     to conference, any technical modifications to existing legal 
     authorities needed to facilitate Intelligence Community 
     counterterrorism efforts.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

     SEC. 401. 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. 402. 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

[[Page S11590]]

       (4) in paragraph (2), as so redesignated, by striking 
     ``paragraph (2)'' and inserting ``paragraph (1)''.

  Mr. REID. Mr. President, I move to reconsider the vote, and I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________