[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4628 Engrossed in House (EH)]
107th CONGRESS
2d Session
H. R. 4628
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2003 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 2003''.
(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.
Sec. 105. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 106. Limitation on intelligence and intelligence-related
activities.
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. Semiannual report on financial intelligence on terrorist
assets (FITA).
Sec. 305. Modification of excepted agency voluntary leave transfer
authority.
Sec. 306. Additional one-year suspension of reorganization of
Diplomatic Telecommunications Service
Program Office.
Sec. 307. Prohibition on compliance with requests for information
submitted by foreign governments.
Sec. 308. Cooperative relationship between the National Security
Education Program and the Foreign Language
Center of the Defense Language Institute.
Sec. 309. Establishment of National Flagship Language Initiative within
the National Security Education Program.
Sec. 310. Deadline for submittal of various overdue reports.
Sec. 311. Report on establishment of a Civilian Linguist Reserve Corps.
Sec. 312. Sense of Congress on diversity in the workforce of
intelligence community agencies.
Sec. 313. Annual report on hiring and retention of minority employees
in the intelligence community.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 402. Prohibition on implementation of compensation reform plan.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counter-drug and counterterrorism activities
for Colombia.
Sec. 502. Protection of operational files of the National
Reconnaissance Office.
Sec. 503. Eligibility of employees in intelligence senior level
positions for Presidential Rank Awards.
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES.
Sec. 601. Establishment of Commission.
Sec. 602. Composition of the Commission.
Sec. 603. Functions of the Commission.
Sec. 604. Powers of the Commission.
Sec. 605. Staff of the Commission.
Sec. 606. Compensation and travel expenses.
Sec. 607. Security clearances for Commission members and staff.
Sec. 608. Reports of the Commission; termination.
Sec. 609. Authorization of appropriations.
TITLE VII--INFORMATION SHARING
Sec. 701. Short title.
Sec. 702. Findings and sense of Congress.
Sec. 703. Facilitating homeland security information sharing
procedures.
Sec. 704. Report.
Sec. 705. Authorization of appropriations.
Sec. 706. Authority to share grand jury information.
Sec. 707. Authority to share electronic, wire, and oral interception
information.
Sec. 708. Foreign intelligence information.
Sec. 709. Information acquired from an electronic surveillance.
Sec. 710. Information acquired from a physical search.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2003
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, 2003, 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 bill H.R. 4628 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 2003 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 2003 the sum of $176,179,000.
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,
2004.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized 350 full-time personnel as of September 30, 2003. 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 2003 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, 2004.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 2003, 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 2003
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), $34,100,000 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. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2002.
(a) Authorization.--Amounts authorized to be appropriated for
fiscal year 2002 under section 101 of the Intelligence Authorization
Act for Fiscal Year 2002 (Public Law 107-108) for the conduct of the
intelligence activities of elements of the United States Government
listed in such section are hereby increased, with respect to any such
authorized amount, by the amount by which appropriations pursuant to
such authorization were increased by the following:
(1) The Emergency Supplemental Act, 2002 (contained in
division B of Public Law 107-117), including section 304 of
such Act (115 Stat. 2300).
(2) An emergency supplemental appropriation in a
supplemental appropriations Act for fiscal year 2002 that is
enacted after May 1, 2002, amounts as are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) Ratification.--For purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure of
those amounts deemed to have been specifically authorized by the Act
referred to in subsection (a)(1) and by the supplemental appropriations
Act referred to in subsection (a)(2) is hereby ratified and confirmed.
SEC. 106. LIMITATION ON INTELLIGENCE AND INTELLIGENCE-RELATED
ACTIVITIES.
(a) In General.--Subject to subsection (b), the amounts requested
in the letter dated July 03, 2002, of the President to the Speaker of
the House of Representatives, related to the Defense Emergency Response
Fund and that are designated for the incremental costs of intelligence
and intelligence-related activities for the war on terrorism are
authorized.
(b) Limitations.--The amounts referred to in subsection (a)--
(1) are authorized only for activities directly related to
identifying, responding to, or protecting against acts or
threatened acts of terrorism;
(2) are not authorized to correct programmatic or fiscal
deficiencies in major acquisition programs which have not
achieved initial operational capabilities within two years of
the date of the enactment of this Act; and
(3) are not available until the end of the 10-day period
that begins on the date written notice is provided to the
Select Committee on Intelligence and the Committee on
Appropriations of the Senate and the Permanent Select Committee
on Intelligence and the Committee on Appropriations of the
House of Representatives.
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 2003 the sum of
$351,300,000.
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. SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS (FITA).
(a) Semiannual Report.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
``semiannual report on financial intelligence on terrorist assets
``Sec. 118. (a) Semiannual Report.--On a semiannual basis, the
Secretary of the Treasury (acting through the head of the Office of
Intelligence Support) shall submit a report to the appropriate
congressional committees (as defined in subsection (c)) that fully
informs the committees concerning operations against terrorist
financial networks. Each such report shall include with respect to the
preceding six-month period--
``(1) the total number of asset seizures, designations, and
other actions against individuals or entities found to have
engaged in financial support of terrorism;
``(2) the total number of applications for asset seizure
and designations of individuals or entities suspected of having
engaged in financial support of terrorist activities, that were
granted, modified, or denied;
``(3) the total number of physical searches of offices,
residences, or financial records of individuals or entities
suspected of having engaged in financial support for terrorist
activity; and
``(4) whether the financial intelligence information seized
in these cases has been shared on a full and timely basis with
the all departments, agencies, and other entities of the United
States Government involved in intelligence activities
participating in the Foreign Terrorist Asset Tracking Unit
(managed and coordinated by the Counterterrorism Center of the
Central Intelligence Agency).
``(b) Immediate Notification for Emergency Designation.--In the
case of a designation of an individual or entity, or the assets of an
individual or entity, as having been found to have engaged in terrorist
activities, the Secretary of the Treasury shall report such designation
within 24 hours of such a designation to the appropriate congressional
committees.
``(c) Definition.--In this section, the term `appropriate
congressional committees' means the following:
``(1) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on Financial
Services of the House of Representatives.
``(2) The Select Committee on Intelligence, the Committee
on Appropriations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.''.
(2) Clerical amendment.--The table of contents contained in
the first section of such Act is amended by inserting after the
item relating to section 117 the following new item:
``Sec. 118. Semiannual report on financial intelligence on terrorist
assets.''.
(b) Conforming Amendment.--Section 501(f) of the National Security
Act of 1947 (50 U.S.C. 413(f)) is amended by inserting before the
period the following: ``, and includes financial intelligence
activities''.
SEC. 305. MODIFICATION OF EXCEPTED AGENCY VOLUNTARY LEAVE TRANSFER
AUTHORITY.
(a) In General.--Section 6339 of title 5, United States Code, is
amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by inserting after subsection (b) (as so redesignated
by paragraph (2)) the following:
``(c)(1) Notwithstanding any provision of subsection (b), the head
of an excepted agency may, at his sole discretion, by regulation
establish a program under which an individual employed in or under such
excepted agency may participate in a leave transfer program established
under the provisions of this subchapter outside of this section,
including provisions permitting the transfer of annual leave accrued or
accumulated by such employee to, or permitting such employee to receive
transferred leave from, an employee of any other agency (including
another excepted agency having a program under this subsection).
``(2) To the extent practicable and consistent with the protection
of intelligence sources and methods, any program established under
paragraph (1) shall be consistent with the provisions of this
subchapter outside of this section and with any regulations issued by
the Office of Personnel Management implementing this subchapter.''.
(b) Conforming Amendments.--Section 6339 of such title is amended--
(1) in paragraph (2) of subsection (b) (as so redesignated
by subsection (a)(2)), by striking ``under this section'' and
inserting ``under this subsection''; and
(2) in subsection (d), by striking ``of Personnel
Management''.
SEC. 306. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION OF
DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
Section 311 of the Intelligence Authorization Act for Fiscal Year
2002 (Public Law 107-108; 22 U.S.C. 7301 note; 115 Stat. 1401) is
amended--
(1) in the heading, by striking ``ONE-YEAR'' and inserting
``TWO-YEAR''; and
(2) in the text, by striking ``October 1, 2002'' and
inserting ``October 1, 2003''.
SEC. 307. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR INFORMATION
SUBMITTED BY FOREIGN GOVERNMENTS.
Section 552(a)(3) of title 5, United States Code, is amended--
(1) in subparagraph (A) by inserting ``and except as
provided in subparagraph (E),'' after ``of this subsection,'';
and
(2) by adding at the end the following:
``(E) An agency, or part of an agency, that is an element of the
intelligence community (as that term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any
record available under this paragraph to--
``(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any
subdivision thereof; or
``(ii) a representative of a government entity described in
clause (i).''.
SEC. 308. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL SECURITY
EDUCATION PROGRAM AND THE FOREIGN LANGUAGE CENTER OF THE
DEFENSE LANGUAGE INSTITUTE.
Section 802 of the David L. Boren National Security Education Act
of 1991 (50 U.S.C. 1902) is amended by adding at the end the following
new subsection:
``(h) Use of Awards To Attend the Foreign Language Center of the
Defense Language Institute.--(1) The Secretary shall provide for the
admission of award recipients to the Foreign Language Center of the
Defense Language Institute (hereinafter in this subsection referred to
as the `Center'). An award recipient may apply a portion of the
applicable scholarship or fellowship award for instruction at the
Center on a space-available basis as a Department of Defense sponsored
program to defray the additive instructional costs.
``(2) Except as the Secretary determines necessary, an award
recipient who receives instruction at the Center shall be subject to
the same regulations with respect to attendance, discipline, discharge,
and dismissal as apply to other persons attending the Center.
``(3) In this subsection, the term `award recipient' means an
undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) or a graduate student who has been a fellowship
under subsection (a)(1)(B) who--
``(A) is in good standing;
``(B) has completed all academic study in a foreign
country, as provided for under the scholarship or fellowship;
and
``(C) would benefit from instruction provided at the
Center.''.
SEC. 309. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE WITHIN
THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) National Flagship Language Initiative.--
(1) Expansion of grant program authority.--Subsection
(a)(1) of section 802 of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph
(B)(ii);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) awarding grants to institutions of higher
education to carry out a National Flagship Language
Initiative (described in subsection (i)).''.
(2) Provisions of national flagship language initiative.--
Such section, as amended by section 308, is further amended by
adding at the end the following new subsection:
``(i) National Flagship Language Initiative.--(1) Under the
National Flagship Language Initiative, institutions of higher learning
shall establish, operate, or improve activities designed to train
students in programs in a range of disciplines to achieve advanced
levels of proficiency in those foreign languages that the Secretary
identifies as being the most critical in the interests of the national
security of the United States.
``(2) An undergraduate student who has been awarded a scholarship
under subsection (a)(1)(A) or a graduate student who has been awarded a
fellowship under subsection (a)(1)(B) may participate in the activities
carried out under the National Flagship Language Initiative.
``(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) shall give special consideration to
applicants who are employees of the Federal Government.
``(4) For purposes of this subsection, the Foreign Language Center
of the Defense Language Institute and any other educational institution
that provides training in foreign languages operated by the Department
of Defense or an agency in the intelligence community is deemed to be
an institution of higher education, and may carry out the types of
activities permitted under the National Flagship Language
Initiative.''.
(3) Waiver of funding allocation rules.--Subsection (a)(2)
of such section is amended by adding at the end the following
flush sentences:
``The funding allocation under this paragraph shall not apply
to grants under paragraph (1)(D) for the National Flagship
Language Initiative described in subsection (i). For the
authorization of appropriations for the National Flagship
Language Initiative, see section 811.''.
(4) Board requirement.--Section 803(d)(4) of such Act (50
U.S.C. 1904(d)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) which foreign languages are critical to the
national security interests of the United States for
purposes of section 802(a)(1)(D) (relating to grants
for the National Flagship Language Initiative).''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In addition to amounts that may be made
available to the Secretary under the National Security Education Trust
Fund (under section 804 of this Act) for a fiscal year, there is
authorized to be appropriated to the Secretary for each fiscal year,
beginning with fiscal year 2003, $10,000,000, to carry out the grant
program for the National Flagship Language Initiative under section
802(a)(1)(D).
``(b) Availability of Appropriated Funds.--Amounts appropriated
pursuant to the authorization under subsection (a) shall remain
available until expended.''.
SEC. 310. DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS.
(a) Deadline.--The reports described in subsection (c) shall be
submitted to Congress not later than 180 days after the date of the
enactment of this Act.
(b) Noncompliance.--(1) If all the reports described in subsection
(c) are not submitted to Congress by the date specified in subsection
(a), amounts available to be obligated or expended after that date to
carry out the functions or duties of the following offices shall be
reduced by \1/3\:
(A) The Office of the Director of Central Intelligence.
(B) The Office of Community Management Staff.
(2) The reduction applicable under paragraph (1) shall not apply if
the Director of Central Intelligence certifies to Congress by the date
referred to in subsection (a) that all reports referred to in
subsection (c) have been submitted to Congress.
(c) Reports Described.--The reports referred to in subsection (a)
are reports mandated by law for which the Director of Central
Intelligence has sole or primary responsibility to prepare, or
coordinate, and submit to Congress which, as of the date of the
enactment of this Act, have not been submitted to Congress by the date
mandated by law.
SEC. 311. REPORT ON ESTABLISHMENT OF A CIVILIAN LINGUIST RESERVE CORPS.
(a) Report.--The Secretary of Defense, acting through the Director
of the National Security Education Program, shall prepare a report on
the feasibility of establishing a Civilian Linguist Reserve Corps
comprised of individuals with advanced levels of proficiency in foreign
languages who are United States citizens who would be available upon a
call of the President to perform such service or duties with respect to
such foreign languages in the Federal Government as the President may
specify. In preparing the report, the Secretary shall consult with such
organizations having expertise in training in foreign languages as the
Secretary determines appropriate.
(b) Matters considered.--
(1) In general.--In conducting the study, the Secretary
shall develop a proposal for the structure and operations of
the Civilian Linguist Reserve Corps. The proposal shall
establish requirements for performance of duties and levels of
proficiency in foreign languages of the members of the Civilian
Linguist Reserve Corps, including maintenance of language
skills and specific training required for performance of duties
as a linguist of the Federal Government, and shall include
recommendations on such other matters as the Secretary
determines appropriate.
(2) Consideration of use of defense language institute and
language registries.--In developing the proposal under
paragraph (1), the Secretary shall consider the appropriateness
of using--
(A) the Defense Language Institute to conduct
testing for language skills proficiency and
performance, and to provide language refresher courses;
and
(B) foreign language skill registries of the
Department of Defense or of other agencies or
departments of the United States to identify
individuals with sufficient proficiency in foreign
languages.
(3) Consideration of the model of the reserve components of
the armed forces.--In developing the proposal under paragraph
(1), the Secretary shall consider the provisions of title 10,
United States Code, establishing and governing service in the
Reserve Components of the Armed Forces, as a model for the
Civilian Linguist Reserve Corps.
(c) Completion of Report.--Not later than 6 months after the date
of the enactment of this Act, the Secretary shall submit to Congress
the report prepared under subsection (a).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Defense $300,000 to carry out this
section.
SEC. 312. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES
IN THE INTELLIGENCE COMMUNITY.
Section 114 of the National Security Act of 1947 (50 U.S.C. 404i)
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Annual Report on Hiring and Retention of Minority
Employees.--(1) The Director of Central Intelligence shall, on an
annual basis, submit to Congress a report on the employment of covered
persons within each element of the intelligence community for the
preceding fiscal year.
``(2) Each such report shall include disaggregated data by category
of covered person from each element of the intelligence community on
the following:
``(A) Of all individuals employed in the element during the
fiscal year involved, the aggregate percentage of such
individuals who are covered persons.
``(B) Of all individuals employed in the element during the
fiscal year involved at the levels referred to in clauses (i)
and (ii), the percentage of covered persons employed at such
levels:
``(i) Positions at levels 1 through 15 of the
General Schedule.
``(ii) Positions at levels above GS-15.
``(C) Of individuals hired by the head of the element
involved during the fiscal year involved, the percentage of
such individuals who are covered persons.
``(3) Each such report shall be submitted in unclassified form, but
may contain a classified annex.
``(4) Nothing in this subsection shall be construed as providing
for the substitution of any similar report required under another
provision of law.
``(5) In this subsection, the term `covered persons' means--
``(A) racial and ethnic minorities,
``(B) women, and
``(C) individuals with disabilities.''.
SEC. 313. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF
INTELLIGENCE COMMUNITY AGENCIES.
(a) Findings.--Congress finds the following:
(1) The United States is engaged in a war against terrorism
that requires the active participation of the intelligence
community.
(2) Certain intelligence agencies, among them the Federal
Bureau of Investigation and the Central Intelligence Agency,
have announced that they will be hiring several hundred new
agents to help conduct the war on terrorism.
(3) Former Directors of the Federal Bureau of
Investigation, the Central Intelligence Agency, the National
Security Agency, and the Defense Intelligence Agency have
stated that a more diverse intelligence community would be
better equipped to gather and analyze information on diverse
communities.
(4) The Central Intelligence Agency and the National
Security Agency were authorized to establish an undergraduate
training program for the purpose of recruiting and training
minority operatives in 1987.
(5) The Defense Intelligence Agency was authorized to
establish an undergraduate training program for the purpose of
recruiting and training minority operatives in 1988.
(6) The National Imagery and Mapping Agency was authorized
to establish an undergraduate training program for the purpose
of recruiting and training minority operatives in 2000.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Director of the Federal Bureau of Investigation
(with respect to the intelligence and intelligence-related
activities of the Bureau), the Director of Central
Intelligence, the Director of the National Security Agency, and
the Director of the Defense Intelligence Agency should make the
creation of a more diverse workforce a priority in hiring
decisions; and
(2) the Director of Central Intelligence, the Director of
National Security Agency, the Director of Defense Intelligence
Agency, and the Director of National Imagery and Mapping Agency
should increase their minority recruitment efforts through the
undergraduate training program provided for under law.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. TWO-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, 2003''
and inserting ``September 30, 2005''; and
(2) in subsection (i), by striking ``or 2003'' and
inserting ``2003, 2004, or 2005''.
SEC. 402. PROHIBITION ON IMPLEMENTATION OF COMPENSATION REFORM PLAN.
No plan by the Director of Central Intelligence that would revise
the manner in which employees of the Central Intelligence Agency, or
employees of other elements of the United States Government that
conduct intelligence and intelligence-related activities, are
compensated may be implemented until the plan has been specifically
authorized by statute.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. USE OF FUNDS FOR COUNTER-DRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
(a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for
counter-drug activities for fiscal years 2002 and 2003, and any
unobligated funds available to any element of the intelligence
community for such activities for a prior fiscal year, shall be
available to support a unified campaign against narcotics trafficking
and against activities by organizations designated as terrorist
organizations (such as the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC)), and to take actions to protect human health
and welfare in emergency circumstances, including undertaking rescue
operations.
(b) Requirement for Certification.--(1) The authorities provided in
subsection (a) shall not be exercised until the Secretary of Defense
certifies to the Congress that the provisions of paragraph (2) have
been complied with.
(2) In order to ensure effectiveness of United States support for
such a unified campaign, prior to the exercise of the authority
contained in subsection (a), the Secretary of State shall report to the
appropriate committees of Congress that the newly elected President of
Colombia has--
(A) committed, in writing, to establish
comprehensive policies to combat illicit drug
cultivation, manufacturing, and trafficking
(particularly with respect to providing economic
opportunities that offer viable alternatives to illicit
crops) and to restore government authority and respect
for human rights in areas under the effective control
of paramilitary and guerrilla organizations;
(B) committed, in writing, to implement significant
budgetary and personnel reforms of the Colombian Armed
Forces; and
(C) committed, in writing, to support substantial
additional Colombian financial and other resources to
implement such policies and reforms, particularly to
meet the country's previous commitments under ``Plan
Colombia''.
In this paragraph, the term ``appropriate committees of Congress''
means the Permanent Select Committee on Intelligence and the Committee
on Appropriations of the House of Representatives and the Select
Committee on Intelligence and the Committee on Appropriations of the
Senate.
(c) Termination of Authority.--The authority provided in subsection
(a) shall cease to be effective if the Secretary of Defense has
credible evidence that the Colombian Armed Forces are not conducting
vigorous operations to restore government authority and respect for
human rights in areas under the effective control of paramilitary and
guerrilla organizations.
(d) Application of Certain Provisions of Law.--Sections 556, 567,
and 568 of Public Law 107-115, section 8093 of the Department of
Defense Appropriations Act, 2002, and the numerical limitations on the
number of United States military personnel and United States individual
civilian contractors in section 3204(b)(1) of Public Law 106-246 shall
be applicable to funds made available pursuant to the authority
contained in subsection (a).
(e) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any combat
operation in connection with assistance made available under this
section, except for the purpose of acting in self defense or rescuing
any United States citizen to include United States Armed Forces
personnel, United States civilian employees, and civilian contractors
employed by the United States.
SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by inserting after section 105C (50
U.S.C. 403-5c) the following new section:
``protection of operational files of the national reconnaissance office
``Sec. 105D. (a) Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) The Director of the
National Reconnaissance Office, with the coordination of the Director
of Central Intelligence, may exempt operational files of the National
Reconnaissance Office from the provisions of section 552 of title 5,
United States Code, which require publication, disclosure, search, or
review in connection therewith.
``(2)(A) Subject to subparagraph (B), for the purposes of this
section, the term `operational files' means files of the National
Reconnaissance Office (hereafter in this section referred to as `NRO')
that document the means by which foreign intelligence or
counterintelligence is collected through scientific and technical
systems.
``(B) Files which are the sole repository of disseminated
intelligence are not operational files.
``(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(i) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(ii) The Select Committee on Intelligence of the
Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of NRO.
``(vi) The Office of the Director of NRO.
``(4)(A) Files that are not exempted under paragraph (1) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under paragraph (1) of the originating operational files from
search, review, publication, or disclosure.
``(C) The declassification of some of the information contained in
exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication, or
disclosure.
``(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1) and which have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded except
by a provision of law which is enacted after the date of the enactment
of this section, and which specifically cites and repeals or modifies
its provisions.
``(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title 5,
United States Code, alleges that NRO has withheld records improperly
because of failure to comply with any provision of this section,
judicial review shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
``(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
``(i) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by NRO,
such information shall be examined ex parte, in camera by the
court.
``(ii) The court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written submissions
of the parties.
``(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NRO shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating
to the court by sworn written submission that exempted
operational files likely to contain responsible records
currently perform the functions set forth in paragraph (2).
``(II) The court may not order NRO to review the content of
any exempted operational file or files in order to make the
demonstration required under subclause (I), unless the
complainant disputes NRO's showing with a sworn written
submission based on personal knowledge or otherwise admissible
evidence.
``(v) In proceedings under clauses (iii) and (iv), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules 26 and
36.
``(vi) If the court finds under this paragraph that NRO has
improperly withheld requested records because of failure to
comply with any provision of this subsection, the court shall
order NRO to search and review the appropriate exempted
operational file or files for the requested records and make
such records, or portions thereof, available in accordance with
the provisions of section 552 of title 5, United States Code,
and such order shall be the exclusive remedy for failure to
comply with this subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph NRO agrees to search the appropriate
exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of Central Intelligence prior to submission
to the court.
``(b) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of the National Reconnaissance
Office and the Director of Central Intelligence shall review the
exemptions in force under subsection (a)(1) to determine whether such
exemptions may be removed from the category of exempted files or any
portion thereof. The Director of Central Intelligence must approve any
determination to remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that NRO has improperly withheld
records because of failure to comply with this subsection may seek
judicial review in the district court of the United States of the
district in which any of the parties reside, or in the District of
Columbia. In such a proceeding, the court's review shall be limited to
determining the following:
``(A) Whether NRO has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of this section or
before the expiration of the 10-year period beginning on the
date of the most recent review.
``(B) Whether NRO, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.''.
(b) Clerical Amendment.--The table of contents contained in the
first section of such Act is amended by inserting after the item
relating to section 105C the following new item:
``Sec. 105D. Protection of operational files of the National
Reconnaissance Office.''.
SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR LEVEL
POSITIONS FOR PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Award of Rank to Employees in Intelligence Senior Level
Positions.--The President, based on the recommendations of the
Secretary of Defense, may award a rank referred to in section 4507a of
title 5 to employees in Intelligence Senior Level positions designated
under subsection (a). The award of such rank shall be made in a manner
consistent with the provisions of that section.''.
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 601. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Terrorist Attacks
Upon the United States (in this title referred to as the
``Commission'').
SEC. 602. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 10 members, of whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--No member of the
Commission shall be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service and intelligence gathering.
(4) Representation of family members of victims of
terrorist attacks.--Of the members appointed under paragraphs
(1) and (2) of subsection (a), at least one member appointed
under each such paragraph shall be a member of the family, or a
representative designated by such a family or families, of an
individual who died in the terrorist attacks against the United
States which occurred on September 11, 2001.
(c) Chairperson; Vice Chairperson.--
(1) In general.--Subject to the requirement of paragraph
(2), the Chairperson and Vice Chairperson of the Commission
shall be elected by the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(d) Initial Meeting.--If 60 days after the date of enactment of
this Act, 6 or more members of the Commission have been appointed,
those members who have been appointed may meet and, if necessary,
select a temporary Chairperson and Vice Chairperson, who may begin the
operations of the Commission, including the hiring of staff.
(e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairperson or a majority of its
members. Six members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
SEC. 603. FUNCTIONS OF THE COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) review the implementation by the intelligence community
of the findings, conclusions, and recommendations of--
(A) the Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives regarding the terrorist attacks against
the United States which occurred on September 11, 2001;
(B) other reports and investigations of the House
Permanent Select Committee on Intelligence of the House
of Representatives and the Senate Select Committee on
Intelligence of the Senate; and
(C) other such executive branch, congressional, or
independent commission investigations of such the
terrorist attacks or the intelligence community;
(2) make recommendations on additional actions for
implementation of the findings, recommendations and conclusions
referred to in paragraph (1);
(3) review resource allocation and other prioritizations of
the intelligence community for counterterrorism and make
recommendations for such changes in those allocations and
prioritization to ensure that counterterrorism receives
sufficient attention and support from the intelligence
community;
(4) review and recommend changes to the organization of the
intelligence community, in particular the division of agencies
under the jurisdiction of the Secretary of Defense and the
Director of Central Intelligence, the dual responsibilities of
the Director of Central Intelligence as head of the
intelligence community and as head of the Central Intelligence
Agency, and the separation of agencies with responsibility for
intelligence collection, analysis, and dissemination; and
(5) determine what technologies, procedures, and
capabilities are needed for the intelligence community to
effectively support and conduct future counterterrorism
missions, and recommend how these capabilities should be
developed, acquired, or both from entities outside the
intelligence community, including from private entities.
(b) Definition of Intelligence Community.--In this section, the
term ``intelligence community'' means--
(1) the Office of the Director of Central Intelligence,
which shall include the Office of the Deputy Director of
Central Intelligence and the National Intelligence Council;
(2) the Central Intelligence Agency;
(3) the National Security Agency;
(4) the Defense Intelligence Agency;
(5) the National Imagery and Mapping Agency
(6) the National Reconnaissance Office;
(7) other offices within the Department of Defense for the
collection of specialized national intelligence through
reconnaissance programs;
(8) the intelligence elements of the Army, the Navy, the
Air Force, the Marine Corps, the Federal Bureau of
Investigation, the Department of the Treasury, the Department
of Energy, and the Coast Guard;
(9) the Bureau of Intelligence and Research of the
Department of State; and
(10) such other elements of any other department or agency
as are designated by the President, or designated jointly by
the Director of Central Intelligence and the head of the
department or agency concerned, as an element of the
intelligence community under section 3(4)(J) of the National
Security Act of 1947 (50 U.S.C. 401a(4)(J)).
SEC. 604. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this title--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Service.--Subpoenas issued under subsection (a)(2) may
be served by any person designated by the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
(a)(2), the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(B) Additional enforcement.--Sections 102 through
104 of the Revised Statutes of the United States (2
U.S.C. 192 through 194) shall apply in the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section.
(c) Closed Meetings.--Notwithstanding any other provision of law
which would require meetings of the Commission to be open to the
public, any portion of a meeting of the Commission may be closed to the
public if the President determines that such portion is likely to
disclose matters that could endanger national security.
(d) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this title.
(e) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this title. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(f) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(g) Gifts.--The Commission may, to such extent and in such amounts
as are provided in appropriation Acts, accept, use, and dispose of
gifts or donations of services or property.
(h) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(i) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, member, or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is authorized to
take by this section.
SEC. 605. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no rate of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 606. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 607. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
SEC. 608. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress an initial report containing--
(1) such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of
Commission members; and
(2) such findings, conclusions, and recommendations
regarding the scope of jurisdiction of, and the allocation of
jurisdiction among, the committees of Congress with oversight
responsibilities related to the scope of the investigation of
the Commission as have been agreed to by a majority of
Commission members.
(b) Final Report.--Not later than 6 months after the submission of
the initial report of the Commission, the Commission shall submit to
the President and Congress a final report containing such updated
findings, conclusions, and recommendations described in paragraphs (1)
and (2) of subsection (a) as have been agreed to by a majority of
Commission members.
(c) Noninterference With Congressional Joint Inquiry.--
Notwithstanding subsection (a), the Commission shall not submit any
report of the Commission until a reasonable period after the conclusion
of the Joint Inquiry of the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of the House
of Representatives regarding the terrorist attacks against the United
States which occurred on September 11, 2001.
(d) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this title $3,000,000, to remain available until expended.
TITLE VII--INFORMATION SHARING
SEC. 701. SHORT TITLE.
This title may be cited as the ``Homeland Security Information
Sharing Act''.
SEC. 702. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes terrorist
attack.
(2) The Federal Government relies on State and local
personnel to protect against terrorist attack.
(3) The Federal Government collects, creates, manages, and
protects classified and sensitive but unclassified information
to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for terrorist
attack.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected
status of such information and to protect the sources and
methods used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State, and
local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and local
personnel without the need for granting additional security
clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities
and terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments
and agencies in other jurisdictions may benefit from such
information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency preparation
and response agencies must act in partnership to maximize the
benefits of information gathering and analysis to prevent and
respond to terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist Threat
Warning System, have been established for rapid sharing of
classified and sensitive but unclassified information among
Federal, State, and local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing information
systems.
(b) Sense of Congress.--It is the sense of Congress that Federal,
State, and local entities should share homeland security information to
the maximum extent practicable, with special emphasis on hard-to-reach
urban and rural communities.
SEC. 703. FACILITATING HOMELAND SECURITY INFORMATION SHARING
PROCEDURES.
(a) Procedures for Determining Extent of Sharing of Homeland
Security Information.--
(1) The President shall prescribe and implement procedures
under which relevant Federal agencies determine--
(A) whether, how, and to what extent homeland
security information may be shared with appropriate
State and local personnel, and with which such
personnel it may be shared;
(B) how to identify and safeguard homeland security
information that is sensitive but unclassified; and
(C) to the extent such information is in classified
form, whether, how, and to what extent to remove
classified information, as appropriate, and with which
such personnel it may be shared after such information
is removed.
(2) The President shall ensure that such procedures apply
to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive
requirements for the classification and safeguarding of
classified information.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security Information.--
(1) Under procedures prescribed by the President, all
appropriate agencies, including the intelligence community,
shall, through information sharing systems, share homeland
security information with appropriate State and local personnel
to the extent such information may be shared, as determined in
accordance with subsection (a), together with assessments of
the credibility of such information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall--
(A) have the capability to transmit unclassified or
classified information, though the procedures and
recipients for each capability may differ;
(B) have the capability to restrict delivery of
information to specified subgroups by geographic
location, type of organization, position of a recipient
within an organization, or a recipient's need to know
such information;
(C) be configured to allow the efficient and
effective sharing of information; and
(D) be accessible to appropriate State and local
personnel.
(3) The procedures prescribed under paragraph (1) shall
establish conditions on the use of information shared under
paragraph (1)--
(A) to limit the redissemination of such
information to ensure that such information is not used
for an unauthorized purpose;
(B) to ensure the security and confidentiality of
such information;
(C) to protect the constitutional and statutory
rights of any individuals who are subjects of such
information; and
(D) to provide data integrity through the timely
removal and destruction of obsolete or erroneous names
and information.
(4) The procedures prescribed under paragraph (1) shall
ensure, to the greatest extent practicable, that the
information sharing system through which information is shared
under such paragraph include existing information sharing
systems, including, but not limited to, the National Law
Enforcement Telecommunications System, the Regional Information
Sharing System, and the Terrorist Threat Warning System of the
Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing system
through which information is shared under paragraph (1), and
shall therefore have access to all information, as appropriate,
shared under such paragraph.
(6) The procedures prescribed under paragraph (1) shall
ensure that appropriate State and local personnel are
authorized to use such information sharing systems--
(A) to access information shared with such
personnel; and
(B) to share, with others who have access to such
information sharing systems, the homeland security
information of their own jurisdictions, which shall be
marked appropriately as pertaining to potential
terrorist activity.
(7) Under procedures prescribed jointly by the Director of
Central Intelligence and the Attorney General, each appropriate
Federal agency, as determined by the President, shall review
and assess the information shared under paragraph (6) and
integrate such information with existing intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--
(1) The President shall prescribe procedures under which
Federal agencies may, to the extent the President considers
necessary, share with appropriate State and local personnel
homeland security information that remains classified or
otherwise protected after the determinations prescribed under
the procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may
include one or more of the following means:
(A) Carrying out security clearance investigations
with respect to appropriate State and local personnel.
(B) With respect to information that is sensitive
but unclassified, entering into nondisclosure
agreements with appropriate State and local personnel.
(C) Increased use of information-sharing
partnerships that include appropriate State and local
personnel, such as the Joint Terrorism Task Forces of
the Federal Bureau of Investigation, the Anti-Terrorism
Task Forces of the Department of Justice, and regional
Terrorism Early Warning Groups.
(d) Responsible Officials.--For each affected Federal agency, the
head of such agency shall designate an official to administer this Act
with respect to such agency.
(e) Federal Control of Information.--Under procedures prescribed
under this section, information obtained by a State or local government
from a Federal agency under this section shall remain under the control
of the Federal agency, and a State or local law authorizing or
requiring such a government to disclose information shall not apply to
such information.
(f) Definitions.--As used in this section:
(1) The term ``homeland security information'' means any
information (other than information that includes individually
identifiable information collected solely for statistical
purposes) possessed by a Federal, State, or local agency that--
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict,
or disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or terrorist
organization; or
(D) would improve the response to a terrorist act.
(2) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means any of the
following persons involved in prevention, preparation, or
response for terrorist attack:
(A) State Governors, mayors, and other locally
elected officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management
agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency
personnel.
(F) Employees of private-sector entities that
affect critical infrastructure, cyber, economic, or
public health security, as designated by the Federal
government in procedures developed pursuant to this
section.
(4) The term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
SEC. 704. REPORT.
(a) Report Required.--Not later than 12 months after the date of
the enactment of this Act, the President shall submit to the
congressional committees specified in subsection (b) a report on the
implementation of section 703. The report shall include any
recommendations for additional measures or appropriation requests,
beyond the requirements of section 703, to increase the effectiveness
of sharing of information between and among Federal, State, and local
entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following committees:
(1) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out section 703.
SEC. 706. AUTHORITY TO SHARE GRAND JURY INFORMATION.
Rule 6(e) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (2), by inserting ``, or of guidelines
jointly issued by the Attorney General and Director of Central
Intelligence pursuant to Rule 6,'' after ``Rule 6''; and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by inserting ``or of a
foreign government'' after ``(including personnel of a
state or subdivision of a state'';
(B) in subparagraph (C)(i)--
(i) in subclause (I), by inserting before
the semicolon the following: ``or, upon a
request by an attorney for the government, when
sought by a foreign court or prosecutor for use
in an official criminal investigation'';
(ii) in subclause (IV)--
(I) by inserting ``or foreign''
after ``may disclose a violation of
State'';
(II) by inserting ``or of a foreign
government'' after ``to an appropriate
official of a State or subdivision of a
State''; and
(III) by striking ``or'' at the
end;
(iii) by striking the period at the end of
subclause (V) and inserting ``; or''; and
(iv) by adding at the end the following:
``(VI) when matters involve a threat of
actual or potential attack or other grave
hostile acts of a foreign power or an agent of
a foreign power, domestic or international
sabotage, domestic or international terrorism,
or clandestine intelligence gathering
activities by an intelligence service or
network of a foreign power or by an agent of a
foreign power, within the United States or
elsewhere, to any appropriate federal, state,
local, or foreign government official for the
purpose of preventing or responding to such a
threat.''; and
(C) in subparagraph (C)(iii)--
(i) by striking ``Federal'';
(ii) by inserting ``or clause (i)(VI)''
after ``clause (i)(V)''; and
(iii) by adding at the end the following:
``Any state, local, or foreign official who
receives information pursuant to clause (i)(VI)
shall use that information only consistent with
such guidelines as the Attorney General and
Director of Central Intelligence shall jointly
issue.''.
SEC. 707. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION
INFORMATION.
Section 2517 of title 18, United States Code, is amended by adding
at the end the following:
``(7) Any investigative or law enforcement officer, or other
Federal official in carrying out official duties, who by any means
authorized by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication, or evidence derived
therefrom, may disclose such contents or derivative evidence to a
foreign investigative or law enforcement officer to the extent that
such disclosure is appropriate to the proper performance of the
official duties of the officer making or receiving the disclosure, and
foreign investigative or law enforcement officers may use or disclose
such contents or derivative evidence to the extent such use or
disclosure is appropriate to the proper performance of their official
duties.
``(8) Any investigative or law enforcement officer, or other
Federal official in carrying out official duties, who by any means
authorized by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication, or evidence derived
therefrom, may disclose such contents or derivative evidence to any
appropriate Federal, State, local, or foreign government official to
the extent that such contents or derivative evidence reveals a threat
of actual or potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power, domestic or international
sabotage, domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service or network
of a foreign power or by an agent of a foreign power, within the United
States or elsewhere, for the purpose of preventing or responding to
such a threat. Any official who receives information pursuant to this
provision may use that information only as necessary in the conduct of
that person's official duties subject to any limitations on the
unauthorized disclosure of such information, and any State, local, or
foreign official who receives information pursuant to this provision
may use that information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence shall jointly
issue.''.
SEC. 708. FOREIGN INTELLIGENCE INFORMATION.
(a) Dissemination Authorized.--Section 203(d)(1) of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001 (Public
Law 107-56; 50 U.S.C. 403-5d) is amended by adding at the end the
following: ``Consistent with the responsibility of the Director of
Central Intelligence to protect intelligence sources and methods, and
the responsibility of the Attorney General to protect sensitive law
enforcement information, it shall be lawful for information revealing a
threat of actual or potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power, domestic or international
sabotage, domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence service or network
of a foreign power or by an agent of a foreign power, within the United
States or elsewhere, obtained as part of a criminal investigation to be
disclosed to any appropriate Federal, State, local, or foreign
government official for the purpose of preventing or responding to such
a threat. Any official who receives information pursuant to this
provision may use that information only as necessary in the conduct of
that person's official duties subject to any limitations on the
unauthorized disclosure of such information, and any State, local, or
foreign official who receives information pursuant to this provision
may use that information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence shall jointly
issue.''.
(b) Conforming Amendments.--Section 203(c) of that Act is amended--
(1) by striking ``section 2517(6)'' and inserting
``paragraphs (6) and (8) of section 2517 of title 18, United
States Code,''; and
(2) by inserting ``and (VI)'' after ``Rule
6(e)(3)(C)(i)(V)''.
SEC. 709. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.
Section 106(k)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1806) is amended by inserting after ``law enforcement
officers'' the following: ``or law enforcement personnel of a State or
political subdivision of a State (including the chief executive officer
of that State or political subdivision who has the authority to appoint
or direct the chief law enforcement officer of that State or political
subdivision)''.
SEC. 710. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.
Section 305(k)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1825) is amended by inserting after ``law enforcement
officers'' the following: ``or law enforcement personnel of a State or
political subdivision of a State (including the chief executive officer
of that State or political subdivision who has the authority to appoint
or direct the chief law enforcement officer of that State or political
subdivision)''.
Passed the House of Representatives July 25 (legislative
day, July 24), 2002.
Attest:
Clerk.
107th CONGRESS
2d Session
H. R. 4628
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2003 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.