[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4628 Enrolled Bill (ENR)]
H.R.4628
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
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 for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 106. Additional authorizations of appropriations for intelligence
for the war on terrorism.
Sec. 107. Specific authorization of funds for intelligence or
intelligence-related
activities for which fiscal year 2003 appropriations exceed
amounts
authorized.
Sec. 108. Incorporation of reporting requirements.
Sec. 109. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department of
Defense or Department of
Energy.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--Recurring 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.
Subtitle B--Intelligence
Sec. 311. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.
Sec. 312. Prohibition on compliance with requests for information
submitted by
foreign governments.
Sec. 313. National Virtual Translation Center.
Subtitle C--Personnel
Sec. 321. Standards and qualifications for the performance of
intelligence activities.
Sec. 322. Modification of excepted agency voluntary leave transfer
authority.
Sec. 323. Sense of Congress on diversity in the workforce of
intelligence community agencies.
Sec. 324. Annual report on hiring and retention of minority employees in
the intelligence community.
Sec. 325. Report on establishment of a Civilian Linguist Reserve Corps.
Subtitle D--Education
Sec. 331. Scholarships and work-study for pursuit of graduate degrees in
science and technology.
Sec. 332. Cooperative relationship between the National Security
Education Program and the Foreign Language Center of the
Defense Language Institute.
Sec. 333. Establishment of National Flagship Language Initiative within
the National Security Education Program.
Sec. 334. Report on the National Security Education Program.
Subtitle E--Terrorism
Sec. 341. Foreign Terrorist Asset Tracking Center.
Sec. 342. Semiannual report on financial intelligence on terrorist
assets (FITA).
Sec. 343. Terrorist Identification Classification System.
Subtitle F--Other Matters
Sec. 351. Additional one-year suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 352. Standardized transliteration of names into the Roman alphabet.
Sec. 353. Definition of congressional intelligence committees in
National Security Act of 1947.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 402. Implementation of compensation reform plan.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counterdrug 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. Purposes.
Sec. 603. Composition of Commission.
Sec. 604. Functions of Commission.
Sec. 605. Powers of Commission.
Sec. 606. Nonapplicability of Federal Advisory Committee Act.
Sec. 607. Staff of Commission.
Sec. 608. Compensation and travel expenses.
Sec. 609. Security clearances for Commission members and staff.
Sec. 610. Reports of Commission; termination.
Sec. 611. Funding.
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. Coordination provision.
TITLE VIII--REPORTING REQUIREMENTS
Subtitle A--Overdue Reports
Sec. 801. Deadline for submittal of various overdue reports.
Subtitle B--Submittal of Reports to Intelligence Committees
Sec. 811. Dates for submittal of various annual and semiannual reports
to the congressional intelligence committees.
Subtitle C--Recurring Annual Reports
Sec. 821. Annual report on threat of attack on the United States using
weapons of mass destruction.
Sec. 822. Annual report on covert leases.
Sec. 823. Annual report on improvement of financial statements of
certain elements of the intelligence community for auditing
purposes.
Sec. 824. Annual report on activities of Federal Bureau of Investigation
personnel outside the United States.
Sec. 825. Annual reports of inspectors general of the intelligence
community on proposed resources and activities of their
offices.
Sec. 826. Annual report on counterdrug intelligence matters.
Sec. 827. Annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise funds
in the United States capital markets.
Subtitle D--Other Reports
Sec. 831. Report on effect of country-release restrictions on allied
intelligence-sharing relationships.
Sec. 832. Evaluation of policies and procedures of Department of State
on protection of classified information at department
headquarters.
Subtitle E--Repeal of Certain Report Requirements
Sec. 841. Repeal of certain report requirements.
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES
Sec. 901. Short title; purpose.
Sec. 902. National Counterintelligence Executive.
Sec. 903. National Counterintelligence Policy Board.
Sec. 904. Office of the National Counterintelligence Executive.
TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 1001. Findings.
Sec. 1002. National Commission for the Review of the Research and
Development Programs of the United States Intelligence
Community.
Sec. 1003. Powers of Commission.
Sec. 1004. Staff of Commission.
Sec. 1005. Compensation and travel expenses.
Sec. 1006. Treatment of information relating to national security.
Sec. 1007. Final report; termination.
Sec. 1008. Assessments of final report.
Sec. 1009. Inapplicability of certain administrative provisions.
Sec. 1010. Funding.
Sec. 1011. Definitions.
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 conference report on 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. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of Central Intelligence for fiscal year 2003 the sum of
$158,254,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2004.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of Central
Intelligence are authorized 322 full-time personnel as of September 30,
2003. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are also authorized to
be appropriated for the Intelligence Community Management Account
for fiscal year 2003 such additional amounts as are specified in
the classified Schedule of Authorizations referred to in section
102(a). Such additional amounts for research and development shall
remain available until September 30, 2004.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 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 Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be appropriated in
subsection (a), $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, 2004, and funds provided for
procurement purposes shall remain available until September 30,
2005.
(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) The 2002 Supplemental Appropriations Act for Further
Recovery From and Response To Terrorist Attacks on the United
States (Public Law 107-206), for such 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 Acts
referred to in subsection (a) is hereby ratified and confirmed.
SEC. 106. ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FOR INTELLIGENCE
FOR THE WAR ON TERRORISM.
(a) In General.--Subject to subsection (b), the amounts requested
in the letter dated July 3, 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 will not achieve
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.
SEC. 107. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR
INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR
2003 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related
activity for fiscal year 2003 in excess of the amount specified for
such activity in the classified Schedule of Authorizations prepared to
accompany this Act shall be deemed to be specifically authorized by
Congress for purposes of section 504(a)(3) of the National Security Act
of 1947 (50 U.S.C. 414(a)(3)).
SEC. 108. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the bill
H.R. 4628 of the One Hundred Seventh Congress, or in the classified
annex to this Act, is hereby incorporated into this Act, and is hereby
made a requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 109. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND
PLANS RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT
OF DEFENSE OR DEPARTMENT OF ENERGY.
(a) Consultation in Preparation.--(1) 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
referred to in section 102(a) or the classified annex to this Act, that
involves the intelligence or intelligence-related activities of the
Department of Defense or the Department of Energy is prepared or
conducted in consultation with the Secretary of Defense or the
Secretary of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may carry
out any consultation required by this subsection through an official of
the Department of Defense or the Department of Energy, as the case may
be, designated by such 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.
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
$222,500,000.
TITLE III--GENERAL PROVISIONS
Subtitle A--Recurring 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.
Subtitle B--Intelligence
SEC. 311. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET
AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERATION,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by adding at the end the following new
section:
``specificity of national foreign intelligence program budget amounts
for counterterrorism, counterproliferation, counternarcotics, and
counterintelligence
``Sec. 506. (a) In General.--The budget justification materials
submitted to Congress in support of the budget of the President for a
fiscal year that is submitted to Congress under section 1105(a) of
title 31, United States Code, shall set forth separately the aggregate
amount requested for that fiscal year for the National Foreign
Intelligence Program for each of the following:
``(1) Counterterrorism.
``(2) Counterproliferation.
``(3) Counternarcotics.
``(4) Counterintelligence.
``(b) Election of Classified or Unclassified Form.--Amounts set
forth under subsection (a) may be set forth in unclassified form or
classified form, at the election of the Director of Central
Intelligence.''.
(b) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 505 the
following new item:
``Sec. 506. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.''.
SEC. 312. 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. 313. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Establishment.--The Director of Central Intelligence, acting as
the head of the intelligence community, shall establish in the
intelligence community an element with the function of connecting the
elements of the intelligence community engaged in the acquisition,
storage, translation, or analysis of voice or data in digital form.
(b) Designation.--The element established under subsection (a)
shall be known as the National Virtual Translation Center.
(c) Administrative Matters.--(1) The Director shall retain direct
supervision and control over the element established under subsection
(a).
(2) The element established under subsection (a) shall connect
elements of the intelligence community utilizing the most current
available information technology that is applicable to the function of
the element.
(d) Deadline for Establishment.--The element required by subsection
(a) shall be established as soon as practicable after the date of the
enactment of this Act, but not later than 90 days after that date.
Subtitle C--Personnel
SEC. 321. STANDARDS AND QUALIFICATIONS FOR THE PERFORMANCE OF
INTELLIGENCE ACTIVITIES.
Section 104 of the National Security Act of 1947 (50 U.S.C. 403-4)
is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Standards and Qualifications for Performance of Intelligence
Activities.--The Director, acting as the head of the intelligence
community, shall, in consultation with the heads of effected agencies,
develop standards and qualifications for persons engaged in the
performance of intelligence activities within the intelligence
community.''.
SEC. 322. 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. 323. 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 the
National Security Agency, the Director of the Defense Intelligence
Agency, and the Director of the National Imagery and Mapping Agency
should increase their minority recruitment efforts through the
undergraduate training program provided for under law.
SEC. 324. 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 all individuals hired by 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. 325. 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 is authorized to be
appropriated to the Secretary of Defense $300,000 to carry out this
section.
Subtitle D--Education
SEC. 331. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES
IN SCIENCE AND TECHNOLOGY.
(a) Program Authorized.--The National Security Act of 1947 is
amended--
(1) by redesignating title X as title XI;
(2) by redesignating section 1001 as section 1101; and
(3) by inserting after title IX the following new title X:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``scholarships and work-study for pursuit of graduate degrees in
science and technology
``Sec. 1001. (a) Program Authorized.--The Director of Central
Intelligence may carry out a program to provide scholarships and work-
study for individuals who are pursuing graduate degrees in fields of
study in science and technology that are identified by the Director as
appropriate to meet the future needs of the intelligence community for
qualified scientists and engineers.
``(b) Administration.--If the Director carries out the program
under subsection (a), the Director shall administer the program through
the Assistant Director of Central Intelligence for Administration.
``(c) Identification of Fields of Study.--If the Director carries
out the program under subsection (a), the Director shall identify
fields of study under subsection (a) in consultation with the other
heads of the elements of the intelligence community.
``(d) Eligibility for Participation.--An individual eligible to
participate in the program is any individual who--
``(1) either--
``(A) is an employee of the intelligence community; or
``(B) meets criteria for eligibility for employment in the
intelligence community that are established by the Director;
``(2) is accepted in a graduate degree program in a field of
study in science or technology identified under subsection (a); and
``(3) is eligible for a security clearance at the level of
Secret or above.
``(e) Regulations.--If the Director carries out the program under
subsection (a), the Director shall prescribe regulations for purposes
of the administration of this section.''.
(b) Clerical Amendment.--The table of sections for the National
Security Act of 1947 is amended by striking the items relating to title
X and section 1001 and inserting the following new items:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``Sec. 1001. Scholarships and work-study for pursuit of graduate degrees
in science and technology.
``TITLE XI--OTHER PROVISIONS
``Sec. 1101. Applicability to United States intelligence activities of
Federal laws implementing international treaties and
agreements.''.
SEC. 332. 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 awarded 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. 333. 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 activities under the National Flagship Language
Initiative (described in subsection (i)).''.
(2) Provisions of national flagship language initiative.--Such
section, as amended by section 332, 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 education
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) Inapplicability 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. 1903(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 Fund 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 of appropriations under subsection (a)
shall remain available until expended.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date the Secretary of Defense submits the report required
under section 334 of this Act and notifies the appropriate committees
of Congress (as defined in subsection (c) of that section) that the
programs carried out under the David L. Boren National Security
Education Act of 1991 are being managed in a fiscally and
programmatically sound manner.
(d) Construction.--Nothing in this section shall be construed as
affecting any program or project carried out under the David L. Boren
National Security Education Act of 1991 as in effect on the date that
precedes the date of the enactment of this Act.
SEC. 334. REPORT ON THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the matters described in
subsection (b) with respect to the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1901 et seq.).
(b) Covered Matters.--The matters described in this subsection are
as follows:
(1) Effectiveness of program.--An evaluation of the National
Security Education Program, including an assessment of the
effectiveness of the program in meeting its goals and an assessment
of the administrative costs of the program in relation to the
amounts of scholarships, fellowships, and grants awarded.
(2) Conversion of funding.--An assessment of the advisability
of converting funding of the National Security Education Program
from funding through the National Security Education Trust Fund
under section 804 of that Act (50 U.S.C. 1904) to funding through
appropriations.
(3) Recommendations.--On any matter covered by paragraph (1) or
(2), such recommendations for legislation with respect to such
matter as the Secretary considers appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence and the Committees on
Armed Services and Appropriations of the Senate; and
(2) the Permanent Select Committee on Intelligence and the
Committees on Armed Services and Appropriations of the House of
Representatives.
Subtitle E--Terrorism
SEC. 341. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) Establishment.--The Director of Central Intelligence, acting as
the head of the intelligence community, shall establish in the Central
Intelligence Agency an element responsible for conducting all-source
intelligence analysis of information relating to the financial
capabilities, practices, and activities of individuals, groups, and
nations associated with international terrorism in their activities
relating to international terrorism.
(b) Designation.--The element established under subsection (a)
shall be known as the Foreign Terrorist Asset Tracking Center.
(c) Deadline for Establishment.--The element required by subsection
(a) shall be established as soon as practicable after the date of the
enactment of this Act, but not later than 90 days after that date.
SEC. 342. 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. 402 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 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 Center.
``(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) Submittal Date of Reports to Congressional Intelligence
Committees.--In the case of the reports required to be submitted under
subsection (a) to the congressional intelligence committees, the
submittal dates for such reports shall be as provided in section 507.
``(d) Appropriate Congressional Committees Defined.--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. 343. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
(a) Requirement.--(1) The Director of Central Intelligence, acting
as head of the Intelligence Community, shall--
(A) establish and maintain a list of individuals who are known
or suspected international terrorists, and of organizations that
are known or suspected international terrorist organizations; and
(B) ensure that pertinent information on the list is shared
with the departments, agencies, and organizations described by
subsection (c).
(2) The list under paragraph (1), and the mechanisms for sharing
information on the list, shall be known as the ``Terrorist
Identification Classification System''.
(b) Administration.--(1) The Director shall prescribe requirements
for the inclusion of an individual or organization on the list required
by subsection (a), and for the deletion or omission from the list of an
individual or organization currently on the list.
(2) The Director shall ensure that the information utilized to
determine the inclusion, or deletion or omission, of an individual or
organization on or from the list is derived from all-source
intelligence.
(3) The Director shall ensure that the list is maintained in
accordance with existing law and regulations governing the collection,
storage, and dissemination of intelligence concerning United States
persons.
(c) Information Sharing.--Subject to section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(6)), relating to the
protection of intelligence sources and methods, the Director shall
provide for the sharing of the list, and information on the list, with
such departments and agencies of the Federal Government, State and
local government agencies, and entities of foreign governments and
international organizations as the Director considers appropriate.
(d) Reporting and Certification.--(1) The Director shall review on
an annual basis the information provided by various departments and
agencies for purposes of the list under subsection (a) in order to
determine whether or not the information so provided is derived from
the widest possible range of intelligence available to such departments
and agencies.
(2) The Director shall, as a result of each review under paragraph
(1), certify whether or not the elements of the intelligence community
responsible for the collection of intelligence related to the list have
provided information for purposes of the list that is derived from the
widest possible range of intelligence available to such department and
agencies.
(e) Report on Criteria for Information Sharing.--(1) Not later then
March 1, 2003, the Director shall submit to the congressional
intelligence committees a report describing the criteria used to
determine which types of information on the list required by subsection
(a) are to be shared, and which types of information are not to be
shared, with various departments and agencies of the Federal
Government, State and local government agencies, and entities of
foreign governments and international organizations.
(2) The report shall include a description of the circumstances in
which the Director has determined that sharing information on the list
with the departments and agencies of the Federal Government, and of
State and local governments, described by subsection (c) would be
inappropriate due to the concerns addressed by section 103(c)(6) of the
National Security Act of 1947, relating to the protection of sources
and methods, and any instance in which the sharing of information on
the list has been inappropriate in light of such concerns.
(f) System Administration Requirements.--(1) The Director shall, to
the maximum extent practicable, ensure the interoperability of the
Terrorist Identification Classification System with relevant
information systems of the departments and agencies of the Federal
Government, and of State and local governments, described by subsection
(c).
(2) The Director shall ensure that the System utilizes technologies
that are effective in aiding the identification of individuals in the
field.
(g) Report on Status of System.--(1) Not later than one year after
the date of the enactment of this Act, the Director shall, in
consultation with the Director of Homeland Security, submit to the
congressional intelligence committees a report on the status of the
Terrorist Identification Classification System. The report shall
contain a certification on the following:
(A) Whether the System contains the intelligence information
necessary to facilitate the contribution of the System to the
domestic security of the United States.
(B) Whether the departments and agencies having access to the
System have access in a manner that permits such departments and
agencies to carry out appropriately their domestic security
responsibilities.
(C) Whether the System is operating in a manner that maximizes
its contribution to the domestic security of the United States.
(D) If a certification under subparagraph (A), (B), or (C) is
in the negative, the modifications or enhancements of the System
necessary to ensure a future certification in the positive.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
(h) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
Subtitle F--Other Matters
SEC. 351. 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. 352. STANDARDIZED TRANSLITERATION OF NAMES INTO THE ROMAN
ALPHABET.
(a) Method of Transliteration Required.--Not later than 180 days
after the date of the enactment of this Act, the Director of Central
Intelligence shall provide for a standardized method for
transliterating into the Roman alphabet personal and place names
originally rendered in any language that uses an alphabet other than
the Roman alphabet.
(b) Use by Intelligence Community.--The Director shall ensure the
use of the method established under subsection (a) in--
(1) all communications among the elements of the intelligence
community; and
(2) all intelligence products of the intelligence community.
SEC. 353. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES IN
NATIONAL SECURITY ACT OF 1947.
(a) In General.--Section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended by adding at the end the following new
paragraph:
``(7) The term `congressional intelligence committees' means--
``(A) the Select Committee on Intelligence of the Senate;
and
``(B) the Permanent Select Committee on Intelligence of the
House of Representatives.''.
(b) Conforming Amendments.--(1) That Act is further amended by
striking ``Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives'' and inserting ``congressional intelligence
committees'' in each of the following provisions:
(A) Section 104(d)(4) (50 U.S.C. 403-4(d)(4)).
(B) Section 603(a) (50 U.S.C. 423(a)).
(2) That Act is further amended by striking ``Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate'' and inserting
``congressional intelligence committees'' in each of the following
provisions:
(A) Section 301(j) (50 U.S.C. 409a(j)).
(B) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(C) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking ``intelligence
committees'' and inserting ``congressional intelligence committees''
each place it appears in each of the following provisions:
(A) Section 501 (50 U.S.C. 413).
(B) Section 502 (50 U.S.C. 413a).
(C) Section 503 (50 U.S.C. 413b).
(D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(4) Section 104(d)(5) of that Act (50 U.S.C. 403-4(d)(5)) is
amended by striking ``Select Committee on Intelligence of the Senate
and to the Permanent Select Committee on Intelligence of the House of
Representatives'' and inserting ``congressional intelligence
committees''.
(5) Section 105C(a)(3)(C) of that Act (50 U.S.C. 403-5c(a)(3)(C))
is amended--
(A) by striking clauses (i) and (ii) and inserting the
following new clause (i):
``(i) The congressional intelligence committees.''; and
(B) by redesignating clauses (iii), (iv), (v), and (vi) as
clauses (ii), (iii), (iv), and (v), respectively.
(6) Section 114 of that Act (50 U.S.C. 404i), as amended by section
324, is amended by striking subsection (d), as so redesignated, and
inserting the following new subsection (d):
``(d) Congressional Leadership Defined.--In this section, the term
`congressional leadership' means the Speaker and the minority leader of
the House of Representatives and the majority leader and the minority
leader of the Senate.''.
(7) Section 501(a) of that Act (50 U.S.C. 413(a)), as amended by
paragraph (3) of this subsection, is further amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(8) Section 503(c)(4) of that Act (50 U.S.C. 413b(c)(4)) is amended
by striking ``intelligence committee'' and inserting ``congressional
intelligence committee''.
(9) Section 602(c) of that Act (50 U.S.C. 422(c)) is amended by
striking ``the Select Committee on Intelligence of the Senate or to the
Permanent Select Committee on Intelligence of the House of
Representatives'' and inserting ``either congressional intelligence
committee''.
(10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended
by striking ``intelligence committees of the Congress'' and inserting
``congressional intelligence committees''.
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. IMPLEMENTATION OF COMPENSATION REFORM PLAN.
(a) Delay on Implementation on Compensation Reform Plan.--(1) The
Director of Central Intelligence may not implement before the
implementation date (described in paragraph (2)) a plan for the
compensation of employees of the Central Intelligence Agency that
differs from the plan in effect on October 1, 2002.
(2) The implementation date referred to in paragraph (1) is
February 1, 2004, or the date on which the Director submits to the
congressional intelligence committees a report on the pilot project
conducted under subsection (b), whichever is later.
(3) It is the sense of Congress that an employee performance
evaluation mechanism with evaluation training for managers and
employees of the Central Intelligence Agency should be phased in before
the implementation of any new compensation plan.
(b) Pilot Project.--(1) The Director shall conduct a pilot project
to test the efficacy and fairness of a plan for the compensation of
employees of the Central Intelligence Agency that differs from the plan
in effect on October 1, 2002, within any one component of the Central
Intelligence Agency selected by the Director, other than a component
for which a pilot project on employee compensation has been previously
conducted.
(2) The pilot project under paragraph (1) shall be conducted for a
period of at least 1 year.
(3) Not later than the date that is 45 days after the completion of
the pilot project under paragraph (1), the Director shall submit to the
congressional intelligence committees a report that contains an
evaluation of the project and such recommendations as the Director
considers appropriate for the modification of the plans for the
compensation of employees throughout the Agency which are in effect on
such date.
(c) Sense of Congress on Implementation of Compensation Reform Plan
for the National Security Agency.--It is the sense of Congress that--
(1) the Director of the National Security Agency should not
implement before February 1, 2004, a plan for the compensation of
employees of the National Security Agency that differs from the
plan in effect on October 1, 2002; and
(2) an employee performance evaluation mechanism with
evaluation training for managers and employees of the National
Security Agency should be phased in before the implementation of
any new compensation plan.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
(a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for
counterdrug 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 the 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 Committees
on Appropriations and Armed Services of the House of Representatives
and the Select Committee on Intelligence and the Committees on
Appropriations and Armed Services 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. 402 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 sections for that 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 in the legislative branch the National
Commission on Terrorist Attacks Upon the United States (in this title
referred to as the ``Commission'').
SEC. 602. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating to
the terrorist attacks of September 11, 2001, occurring at the World
Trade Center in New York, New York, in Somerset County,
Pennsylvania, and at the Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence developed
by all relevant governmental agencies regarding the facts and
circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and avoid
unnecessary duplication, by reviewing 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 of September 11, 2001, (hereinafter in this
title referred to as the ``Joint Inquiry''); and
(B) other executive branch, congressional, or independent
commission investigations into the terrorist attacks of
September 11, 2001, other terrorist attacks, and terrorism
generally;
(4) make a full and complete accounting of the circumstances
surrounding the attacks, and the extent of the United States'
preparedness for, and immediate response to, the attacks; and
(5) investigate and report to the President and Congress on its
findings, conclusions, and recommendations for corrective measures
that can be taken to prevent acts of terrorism.
SEC. 603. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the Democratic
Party, in consultation with the leader of the House of
Representatives (majority or minority leader, as the case may be)
of the Democratic Party, who shall serve as vice chairman of the
Commission;
(3) 2 members shall be appointed by the senior member of the
Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Republican Party;
(5) 2 members shall be appointed by the senior member of the
Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members of
the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to the
Commission may not 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, law
enforcement, the armed services, law, public administration,
intelligence gathering, commerce (including aviation matters), and
foreign affairs.
(4) Deadline for appointment.--All members of the Commission
shall be appointed on or before December 15, 2002.
(5) Initial meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman 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. 604. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances relating
to the terrorist attacks of September 11, 2001, including any
relevant legislation, Executive order, regulation, plan,
policy, practice, or procedure; and
(B) may include relevant facts and circumstances relating
to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and border
control;
(v) the flow of assets to terrorist organizations;
(vi) commercial aviation;
(vii) the role of congressional oversight and resource
allocation; and
(viii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
(2) identify, review, and evaluate the lessons learned from the
terrorist attacks of September 11, 2001, regarding the structure,
coordination, management policies, and procedures of the Federal
Government, and, if appropriate, State and local governments and
nongovernmental entities, relative to detecting, preventing, and
responding to such terrorist attacks; and
(3) submit to the President and Congress such reports as are
required by this title containing such findings, conclusions, and
recommendations as the Commission shall determine, including
proposing organization, coordination, planning, management
arrangements, procedures, rules, and regulations.
(b) Relationship to Intelligence Committees' Inquiry.--When
investigating facts and circumstances relating to the intelligence
community, the Commission shall--
(1) first review the information compiled by, and the findings,
conclusions, and recommendations of, the Joint Inquiry; and
(2) after that review pursue any appropriate area of inquiry if
the Commission determines that--
(A) the Joint Inquiry had not investigated that area;
(B) the Joint Inquiry's investigation of that area had not
been complete; or
(C) new information not reviewed by the Joint Inquiry had
become available with respect to that area.
SEC. 605. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the authority
of the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(B) subject to paragraph (2)(A), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued under this
subsection only--
(I) by the agreement of the chairman and the vice
chairman; or
(II) by the affirmative vote of 6 members of the
Commission.
(ii) Signature.--Subject to clause (i), subpoenas
issued under this subsection may be issued under the
signature of the chairman or any member designated by a
majority of the Commission, and may be served by any person
designated by the chairman or by a member designated by a
majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), 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.
(ii) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or to
testify when summoned under authority of this section, the
Commission may, by majority vote, certify a statement of
fact constituting such failure to the appropriate United
States attorney, who may bring the matter before the grand
jury for its action, under the same statutory authority and
procedures as if the United States attorney had received a
certification under sections 102 through 104 of the Revised
Statutes of the United States (2 U.S.C. 192 through 194).
(b) 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.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or instrumentality
of the Government, information, suggestions, estimates, and
statistics for the purposes of this title. Each department, bureau,
agency, board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, furnish
such information, suggestions, estimates, and statistics directly
to the Commission, upon request made by the chairman, the chairman
of any subcommittee created by a majority of the Commission, or any
member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--Information
shall only be received, handled, stored, and disseminated by
members of the Commission and its staff consistent with all
applicable statutes, regulations, and Executive orders.
(d) 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 may 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.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) 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.
SEC. 606. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 610(a) and (b).
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 607. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules agreed
upon by the Commission, may appoint and fix the compensation of a
staff director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and 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.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any personnel
of the Commission who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(b) 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.
(c) 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. 608. 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. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this title without the appropriate security clearances.
SEC. 610. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) 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 final report.
SEC. 611. FUNDING.
(a) Transfer From the National Foreign Intelligence Program.--Of
the amounts authorized to be appropriated by this Act and made
available in public law 107-248 (Department of Defense Appropriations
Act, 2003) for the National Foreign Intelligence Program, not to exceed
$3,000,000 shall be available for transfer to the Commission for
purposes of the activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
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 defense against
terrorist attacks.
(2) The Federal Government relies on State and local personnel
to protect against terrorist attacks.
(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 attacks.
(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
title 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 attacks:
(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 is authorized to be appropriated such sums as may be
necessary to carry out section 703.
SEC. 706. COORDINATION PROVISION.
(a) Prior Enactment.--If this Act is enacted before the Homeland
Security Act of 2002, then upon the date of the enactment of the
Homeland Security Act of 2002, this title shall be deemed for all
purposes not to have taken effect and shall cease to be in effect.
(b) Subsequent Enactment.--If the Homeland Security Act of 2002 is
enacted before this Act, then this title shall not take effect.
TITLE VIII--REPORTING REQUIREMENTS
Subtitle A--Overdue Reports
SEC. 801. 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 Office of the Director of
Central Intelligence shall be reduced by \1/3\.
(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, coordinate,
and submit to Congress which, as of the date of the enactment of this
Act, have not been submitted to Congress.
Subtitle B--Submittal of Reports to Intelligence Committees
SEC. 811. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS
TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--(1) Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 311 of this Act, is
further amended by adding at the end the following new section:
``dates for submittal of various annual and semiannual reports to the
congressional intelligence committees
``Sec. 507. (a) Annual Reports.--(1) The date for the submittal to
the congressional intelligence committees of the following annual
reports shall be the date each year provided in subsection (c)(1)(A):
``(A) The annual evaluation of the performance and
responsiveness of certain elements of the intelligence community
required by section 105(d).
``(B) The annual report on intelligence required by section
109.
``(C) The annual report on intelligence community cooperation
with Federal law enforcement agencies required by section
114(a)(2).
``(D) The annual report on the protection of the identities of
covert agents required by section 603.
``(E) The annual report of the Inspectors Generals of the
intelligence community on proposed resources and activities of
their offices required by section 8H(g) of the Inspector General
Act of 1978.
``(F) The annual report on commercial activities as security
for intelligence collection required by section 437(c) of title 10,
United States Code.
``(G) The annual report on expenditures for postemployment
assistance for terminated intelligence employees required by
section 1611(e)(2) of title 10, United States Code.
``(H) The annual update on foreign industrial espionage
required by section 809(b) of the Counterintelligence and Security
Enhancements Act of 1994 (title VIII of Public Law 103-359; 50
U.S.C. App. 2170b(b)).
``(I) The annual report on coordination of counterintelligence
matters with the Federal Bureau of Investigation required by
section 811(c)(6) of the Counterintelligence and Security
Enhancements Act of 1994 (50 U.S.C. 402a(c)(6)).
``(J) The annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise funds in
the United States capital markets required by section 827 of the
Intelligence Authorization Act for Fiscal Year 2003.
``(K) The annual report on certifications for immunity in
interdiction of aircraft engaged in illicit drug trafficking
required by section 1012(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-4(c)(2)).
``(L) The annual report on exceptions to consumer disclosure
requirements for national security investigations under section
604(b)(4)(E) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)(E)).
``(M) The annual report on activities under the David L. Boren
National Security Education Act of 1991 (title VIII of Public Law
102-183; 50 U.S.C. 1901 et seq.) required by section 806(a) of that
Act (50 U.S.C. 1906(a)).
``(N) The annual report on hiring and retention of minority
employees in the intelligence community required by section 114(c).
``(2) The date for the submittal to the congressional intelligence
committees of the following annual reports shall be the date each year
provided in subsection (c)(1)(B):
``(A) The annual report on the safety and security of Russian
nuclear facilities and nuclear military forces required by section
114(b).
``(B) The annual report on the threat of attack on the United
States from weapons of mass destruction required by section 114(d).
``(C) The annual report on covert leases required by section
114(e).
``(D) The annual report on improvements of the financial
statements of the intelligence community for auditing purposes
required by section 114A.
``(E) The annual report on activities of personnel of the
Federal Bureau of Investigation outside the United States required
by section 540C(c)(2) of title 28, United States Code.
``(F) The annual report on intelligence activities of the
People's Republic of China required by section 308(c) of the
Intelligence Authorization Act for Fiscal Year 1998 (Public Law
105-107; 50 U.S.C. 402a note).
``(G) The annual report on counterdrug intelligence matters
required by section 826 of the Intelligence Authorization Act for
Fiscal Year 2003.
``(b) Semiannual Reports.--The dates for the submittal to the
congressional intelligence committees of the following semiannual
reports shall be the dates each year provided in subsection (c)(2):
``(1) The periodic reports on intelligence provided to the
United Nations required by section 112(b).
``(2) The semiannual reports on the Office of the Inspector
General of the Central Intelligence Agency required by section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)(1)).
``(3) The semiannual reports on decisions not to prosecute
certain violations of law under the Classified Information
Procedures Act (18 U.S.C. App.) as required by section 13 of that
Act.
``(4) The semiannual reports on the acquisition of technology
relating to weapons of mass destruction and advanced conventional
munitions required by section 721(b) of the Combatting
Proliferation of Weapons of Mass Destruction Act of 1996 (title VII
of Public Law 104-293; 50 U.S.C. 2366(b)).
``(5) The semiannual reports on the activities of the
Diplomatic Telecommunications Service Program Office (DTS-PO)
required by section 322(a)(6)(D)(ii) of the Intelligence
Authorization Act for Fiscal Year 2001 (22 U.S.C.
7302(a)(6)(D)(ii)).
``(6) The semiannual reports on the disclosure of information
and consumer reports to the Federal Bureau of Investigation for
counterintelligence purposes required by section 624(h)(2) of the
Fair Credit Reporting Act (15 U.S.C. 1681u(h)(2)).
``(7) The semiannual provision of information on requests for
financial information for foreign counterintelligence purposes
required by section 1114(a)(5)(C) of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
``(8) The semiannual report on financial intelligence on
terrorist assets required by section 118.
``(c) Submittal Dates for Reports.--(1)(A) Except as provided in
subsection (d), each annual report listed in subsection (a)(1) shall be
submitted not later than February 1.
``(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than December
1.
``(2) Except as provided in subsection (d), each semiannual report
listed in subsection (b) shall be submitted not later than February 1
and August 1.
``(d) Postponement of Submittal.--(1) Subject to paragraph (3), the
date for the submittal of--
``(A) an annual report listed in subsection (a)(1) may be
postponed until March 1;
``(B) an annual report listed in subsection (a)(2) may be
postponed until January 1; and
``(C) a semiannual report listed in subsection (b) may be
postponed until March 1 or September 1, as the case may be,
if the official required to submit such report submits to the
congressional intelligence committees a written notification of such
postponement.
``(2)(A) Notwithstanding any other provision of law and subject to
paragraph (3), the date for the submittal to the congressional
intelligence committees of any report described in subparagraph (B) may
be postponed by not more than 30 days from the date otherwise specified
in the provision of law for the submittal of such report if the
official required to submit such report submits to the congressional
intelligence committees a written notification of such postponement.
``(B) A report described in this subparagraph is any report on
intelligence or intelligence-related activities of the United States
Government that is submitted under a provision of law requiring the
submittal of only a single report.
``(3)(A) The date for the submittal of a report whose submittal is
postponed under paragraph (1) or (2) may be postponed beyond the time
provided for the submittal of such report under such paragraph if the
official required to submit such report submits to the congressional
intelligence committees a written certification that preparation and
submittal of such report at such time will impede the work of officers
or employees of the intelligence community in a manner that will be
detrimental to the national security of the United States.
``(B) A certification with respect to a report under subparagraph
(A) shall include a proposed submittal date for such report, and such
report shall be submitted not later than that date.''.
(2) The table of sections for the National Security Act of 1947, as
amended by section 311 of this Act, is further amended by inserting
after the item relating to section 506 the following new item:
``Sec. 507. Dates for submittal of various annual and semiannual reports
to the congressional intelligence committees.''.
(b) Conforming Amendments to Existing Reporting Requirements.--
(1) National security act of 1947.--(A) Subsection (d) of
section 105 of the National Security Act of 1947 (50 U.S.C. 403-5)
is amended to read as follows:
``(d) Annual Evaluation of Performance and Responsiveness of
Certain Elements of Intelligence Community.--(1) Not later each year
than the date provided in section 507, the Director shall submit to the
congressional intelligence committees the evaluation described in
paragraph (3).
``(2) The Director shall submit each year to the Committee on
Foreign Intelligence of the National Security Council, and to the
Committees on Armed Services and Appropriations of the Senate and House
of Representatives, the evaluation described in paragraph (3).
``(3) An evaluation described in this paragraph is an evaluation of
the performance and responsiveness of the National Security Agency, the
National Reconnaissance Office, and the National Imagery and Mapping
Agency in meeting their respective national missions.
``(4) The Director shall submit each evaluation under this
subsection in consultation with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff.''.
(B) Section 109 of that Act (50 U.S.C. 404d) is amended--
(i) in subsection (a), by striking paragraph (1) and
inserting the following new paragraph (1):
``(1)(A) Not later each year than the date provided in section 507,
the President shall submit to the congressional intelligence committees
a report on the requirements of the United States for intelligence and
the activities of the intelligence community.
``(B) Not later than January 31 each year, and included with the
budget of the President for the next fiscal year under section 1105(a)
of title 31, United States Code, the President shall submit to the
appropriate congressional committees the report described in
subparagraph (A).'';
(ii) in subsection (c), as amended by section 803(a) of the
Intelligence Renewal and Reform Act of 1996 (title VIII of
Public Law 104-293; 110 Stat. 3475)--
(I) in paragraph (1), by striking ``The Select
Committee on Intelligence, the Committee on
Appropriations,'' and inserting ``The Committee on
Appropriations''; and
(II) in paragraph (2), by striking ``The Permanent
Select Committee on Intelligence, the Committee on
Appropriations,'' and inserting ``The Committee on
Appropriations''; and
(iii) by striking subsection (c), as added by section
304(a) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103-178; 107 Stat. 2034).
(C) Section 112(b) of that Act (50 U.S.C. 404g(b)) is amended
by adding at the end the following new paragraph:
``(3) In the case of periodic reports required to be submitted
under the first sentence of paragraph (1) to the congressional
intelligence committees, the submittal dates for such reports shall be
as provided in section 507.''.
(D) Section 114 of that Act (50 U.S.C. 404i) is amended--
(i) in subsection (a)--
(I) in paragraph (1), by striking ``the congressional
intelligence committees and'';
(II) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(III) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Not later each year than the date provided in section 507,
the Director shall submit to the congressional intelligence committees
the report required to be submitted under paragraph (1) during the
preceding year.''; and
(ii) in subsection (b)(1), by striking ``, on an annual
basis'' and all that follows through ``leadership'' and
inserting ``submit to the congressional leadership on an annual
basis, and to the congressional intelligence committees on the
date each year provided in section 507,''.
(E) Section 603 of that Act (50 U.S.C. 423) is amended--
(i) in subsection (a), by adding at the end the following
new sentence: ``The date for the submittal of the report shall
be the date provided in section 507.''; and
(ii) in subsection (b), by striking the second sentence.
(2) Central intelligence agency act of 1949.--Section 17(d)(1)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)(1)) is amended in the second sentence by striking ``Within
thirty days of receipt of such reports,'' and inserting ``Not later
than the dates each year provided for the transmittal of such
reports in section 507 of the National Security Act of 1947,''.
(3) Classified information procedures act.--Section 13 of the
Classified Information Procedures Act (18 U.S.C. App.) is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) In the case of the semiannual reports (whether oral or
written) required to be submitted under subsection (a) to the Permanent
Select Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate, the submittal dates
for such reports shall be as provided in section 507 of the National
Security Act of 1947.''.
(4) Title 10, united states code.--(A) Section 437 of title 10,
United States Code, is amended--
(i) in subsection (c), by striking ``Not later than'' and
all that follows through ``of Congress'' and inserting ``Not
later each year than the date provided in section 507 of the
National Security Act of 1947, the Secretary shall submit to
the congressional intelligence committees (as defined in
section 3 of that Act (50 U.S.C. 401a))''; and
(ii) by striking subsection (d).
(B) Section 1611(e) of that title is amended--
(i) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(ii) by redesignating paragraph (2) as paragraph (3); and
(iii) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In the case of a report required to be submitted under
paragraph (1) to the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives, the date for the submittal of such report shall be as
provided in section 507 of the National Security Act of 1947.''.
(5) Intelligence authorization acts.--(A) Section 809 of the
Counterintelligence and Security Enhancements Act of 1994 (title
VIII of Public Law 103-359; 108 Stat. 3454; 50 U.S.C. App. 2170b)
is amended by striking subsection (b) and inserting the following
new subsection (b):
``(b) Annual Update.--
``(1) Submittal to congressional intelligence committees.--Not
later each year than the date provided in section 507 of the
National Security Act of 1947, the President shall submit to the
congressional intelligence committees a report updating the
information referred to in subsection (a)(1)(D).
``(2) Submittal to congressional leadership.--Not later than
April 14 each year, the President shall submit to the congressional
leadership a report updating the information referred to in
subsection (a)(1)(D).
``(3) Definitions.--In this subsection:
``(A) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
that term in section 3 of the National Security Act of 1947 (50
U.S.C. 401a).
``(B) Congressional leadership.--The term `congressional
leadership' means the Speaker and the minority leader of the
House of Representatives and the majority leader and the
minority leader of the Senate.''.
(B) Paragraph (6) of section 811(c) of that Act (50 U.S.C.
402a(c)) is amended to read as follows:
``(6)(A) Not later each year than the date provided in section 507
of the National Security Act of 1947, the Director of the Federal
Bureau of Investigation shall submit to the congressional intelligence
committees (as defined in section 3 of that Act (50 U.S.C. 401a)) a
report with respect to compliance with paragraphs (1) and (2) during
the previous calendar year.
``(B) Not later than February 1 each year, the Director shall, in
accordance with applicable security procedures, submit to the
Committees on the Judiciary of the Senate and House of Representatives
a report with respect to compliance with paragraphs (1) and (2) during
the previous calendar year.
``(C) The Director of the Federal Bureau of Investigation shall
submit each report under this paragraph in consultation with the
Director of Central Intelligence and the Secretary of Defense.''.
(C) Section 721 of the Combatting Proliferation of Weapons of
Mass Destruction Act of 1996 (title VII of Public Law 104-293; 110
Stat. 3474; 50 U.S.C. 2366) is amended--
(i) in subsection (a), by striking ``Not later than'' and
all that follows through ``the Director'' and inserting ``The
Director'';
(ii) by redesignating subsection (b) as subsection (c);
(iii) by inserting after subsection (a) the following new
subsection (b):
``(b) Submittal Dates.--(1) The report required by subsection (a)
shall be submitted each year to the congressional intelligence
committees and the congressional leadership on a semiannual basis on
the dates provided in section 507 of the National Security Act of 1947.
``(2) In this subsection:
``(A) The term `congressional intelligence committees' has the
meaning given that term in section 3 of the National Security Act
of 1947 (50 U.S.C. 401a).
``(B) The term `congressional leadership' means the Speaker and
the minority leader of the House of Representatives and the
majority leader and the minority leader of the Senate.''; and
(iv) in subsection (c), as so redesignated, by striking
``The reports'' and inserting ``Each report''.
(D) Section 308 of the Intelligence Authorization Act for
Fiscal Year 1998 (Public Law 105-107; 111 Stat. 2253; 50 U.S.C.
402a note) is amended--
(i) in subsection (a)--
(I) by striking ``Not later than'' and all that follows
through ``the Director of Central Intelligence'' and
inserting ``The Director of Central Intelligence''; and
(II) by inserting ``on an annual basis'' after ``to
Congress''; and
(ii) by adding at the end the end the following new
subsection (c):
``(c) Submittal Date of Report to Leadership of Congressional
Intelligence Committees.--The date each year for the submittal to the
Chairman and Ranking Member of the Permanent Select Committee on
Intelligence of the House of Representatives and the Chairman and Vice
Chairman of the Select Committee on Intelligence of the Senate of the
report required by subsection (a) shall be the date provided in section
507 of the National Security Act of 1947.''.
(E) Section 322(a)(6)(D) of the Intelligence Authorization Act
for Fiscal Year 2001 (Public Law 106-567; 114 Stat. 2844; 22 U.S.C.
7302(a)(6)(D)) is amended--
(i) in clause (i), by striking ``Beginning on'' and
inserting ``Except as provided in clause (ii), beginning on'';
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following new
clause (ii):
``(ii) Submittal date of reports to congressional
intelligence committees.--In the case of reports required
to be submitted under clause (i) to the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), the
submittal dates for such reports shall be as provided in
section 507 of that Act.''; and
(iv) in clause (iii), as so redesignated, by striking
``report'' and inserting ``reports''.
(6) Public law 103-337.--Section 1012(c) of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-
4(c)) is amended--
(A) in paragraph (1), by striking ``Not later than'' and
inserting ``Except as provided in paragraph (2), not later
than'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) In the case of a report required to be submitted under
paragraph (1) to the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)),
the submittal date for such report shall be as provided in section 507
of that Act.''.
(7) David l. boren national security education act of 1991.--
The David L. Boren National Security Education Act of 1991 (title
VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.) is amended--
(A) in section 806(a) (50 U.S.C. 1906(a))--
(i) by inserting ``(1)'' before ``The Secretary'';
(ii) in paragraph (1), as so designated, by striking
``the Congress'' and inserting ``the congressional
intelligence committees'';
(iii) by designating the second sentence as paragraph
(2) and by aligning such paragraph with the paragraph added
by clause (v);
(iv) in paragraph (2), as so designated, by inserting
``submitted to the President'' after ``The report''; and
(v) by adding at the end the following new paragraph
(3):
``(3) The report submitted to the congressional intelligence
committees shall be submitted on the date provided in section 507 of
the National Security Act of 1947.''; and
(B) in section 808 (50 U.S.C. 1908), by adding at the end
the following new paragraph (5):
``(5) The term `congressional intelligence committees' means--
``(A) the Select Committee on Intelligence of the Senate;
and
``(B) the Permanent Select Committee on Intelligence of the
House of Representatives.''.
(8) Fair credit reporting act.--(A) Section 604(b)(4) of the
Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)) is amended--
(i) in subparagraph (D), by striking ``Not later than'' and
inserting ``Except as provided in subparagraph (E), not later
than'';
(ii) by redesignating subparagraph (E) as subparagraph (F);
and
(iii) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) Reports to congressional intelligence committees.--In
the case of a report to be submitted under subparagraph (D) to
the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
401a)), the submittal date for such report shall be as provided
in section 507 of that Act.''.
(B) Section 625(h) of that Act (15 U.S.C. 1681u(h)) is
amended--
(i) by inserting ``(1)'' before ``On a semiannual basis,'';
and
(ii) by adding at the end the following new paragraph:
``(2) In the case of the semiannual reports required to be
submitted under paragraph (1) to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate, the submittal dates for such reports
shall be as provided in section 507 of the National Security Act of
1947.''.
(9) Right to financial privacy act of 1978.--Section
1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12
U.S.C. 3414(a)(5)(C)) is amended by striking ``On a semiannual''
and all that follows through ``the Senate'' and inserting ``On the
dates provided in section 507 of the National Security Act of 1947,
the Attorney General shall fully inform the congressional
intelligence committees (as defined in section 3 of that Act (50
U.S.C. 401a))''.
Subtitle C--Recurring Annual Reports
SEC. 821. ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED STATES USING
WEAPONS OF MASS DESTRUCTION.
Section 114 of the National Security Act of 1947, as amended by
section 353(b)(6) of this Act, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Annual Report on Threat of Attack on the United States Using
Weapons of Mass Destruction.--(1) Not later each year than the date
provided in section 507, the Director shall submit to the congressional
committees specified in paragraph (3) a report assessing the following:
``(A) The current threat of attack on the United States using
ballistic missiles or cruise missiles.
``(B) The current threat of attack on the United States using a
chemical, biological, or nuclear weapon delivered by a system other
than a ballistic missile or cruise missile.
``(2) Each report under paragraph (1) shall be a national
intelligence estimate, or have the formality of a national intelligence
estimate.
``(3) The congressional committees referred to in paragraph (1) are
the following:
``(A) The congressional intelligence committees.
``(B) The Committees on Foreign Relations and Armed Services of
the Senate.
``(C) The Committees on International Relations and Armed
Services of the House of Representatives.''.
SEC. 822. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as amended by
section 821 of this Act, is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Annual Report on Covert Leases.--(1) Not later each year than
the date provided in section 507, the Director shall submit to the
congressional intelligence committees a report on each covert lease of
an element of the intelligence community that is in force as of the end
of the preceding year.
``(2) Each report under paragraph (1) shall include the following:
``(A) A list of each lease described by that paragraph.
``(B) For each lease--
``(i) the cost of such lease;
``(ii) the duration of such lease;
``(iii) the purpose of such lease; and
``(iv) the directorate or office that controls such
lease.''.
SEC. 823. ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS OF
CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY FOR
AUDITING PURPOSES.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 114 the
following new section:
``annual report on improvement of financial statements for auditing
purposes
``Sec. 114A. Not later each year than the date provided in section
507, the Director of Central Intelligence, the Director of the National
Security Agency, the Director of the Defense Intelligence Agency, and
the Director of the National Imagery and Mapping Agency shall each
submit to the congressional intelligence committees a report describing
the activities being undertaken by such official to ensure that the
financial statements of such agency can be audited in accordance with
applicable law and requirements of the Office of Management and
Budget.''.
(b) Clerical Amendment.--The table of sections for the National
Security Act of 1947 is amended by inserting after the item relating to
section 114 the following new item:
``Sec. 114A. Annual report on improvement of financial statements for
auditing purposes.''.
SEC. 824. ANNUAL REPORT ON ACTIVITIES OF FEDERAL BUREAU OF
INVESTIGATION PERSONNEL OUTSIDE THE UNITED STATES.
(a) Annual Report.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 540C. Annual report on activities of Federal Bureau of
Investigation personnel outside the United States
``(a) The Director of the Federal Bureau of Investigation shall
submit to the appropriate committees of Congress each year a report on
the activities of personnel of the Federal Bureau of Investigation
outside the United States.
``(b) The report under subsection (a) shall include the following:
``(1) For the year preceding the year in which the report is
required to be submitted--
``(A) the number of personnel of the Bureau posted or
detailed outside the United States during the year;
``(B) a description of the coordination of the
investigations, asset handling, liaison, and operational
activities of the Bureau during the year with other elements of
the intelligence community; and
``(C) a description of the extent to which information
derived from activities described in subparagraph (B) was
shared with other elements of the intelligence community.
``(2) For the year in which the report is required to be
submitted--
``(A) a description of the plans, if any, of the Director--
``(i) to modify the number of personnel of the Bureau
posted or detailed outside the United States; or
``(ii) to modify the scope of the activities of
personnel of the Bureau posted or detailed outside the
United States; and
``(B) a description of the manner and extent to which
information derived from activities of the Bureau described in
paragraph (1)(B) during the year will be shared with other
elements of the intelligence community.
``(c) The date of the submittal each year of the report required by
subsection (a) shall be the date provided in section 507 of the
National Security Act of 1947.
``(d) In this section, the term `appropriate committees of
Congress' means--
``(1) the Committees on the Judiciary of the Senate and House
of Representatives; and
``(2) the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of that title is amended by inserting after the item
relating to section 540B the following new item:
``540C. Annual report on activities of Federal Bureau of Investigation
personnel outside the United States.''.
SEC. 825. ANNUAL REPORTS OF INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY ON PROPOSED RESOURCES AND ACTIVITIES OF THEIR
OFFICES.
Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (f), by striking ``this section'' and
inserting ``subsections (a) through (e)'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g)(1) The Inspector General of the Defense Intelligence Agency,
the National Imagery and Mapping Agency, the National Reconnaissance
Office, and the National Security Agency shall each submit to the
congressional intelligence committees each year a report that sets
forth the following:
``(A) The personnel and funds requested by such Inspector
General for the fiscal year beginning in such year for the
activities of the office of such Inspector General in such fiscal
year.
``(B) The plan of such Inspector General for such activities,
including the programs and activities scheduled for review by the
office of such Inspector General during such fiscal year.
``(C) An assessment of the current ability of such Inspector
General to hire and retain qualified personnel for the office of
such Inspector General.
``(D) Any matters that such Inspector General considers
appropriate regarding the independence and effectiveness of the
office of such Inspector General.
``(2) The submittal date for a report under paragraph (1) each year
shall be the date provided in section 507 of the National Security Act
of 1947.
``(3) In this subsection, the term `congressional intelligence
committees' shall have the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a).''.
SEC. 826. ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.
(a) Annual Report.--The Counterdrug Intelligence Coordinating Group
shall submit to the appropriate committees of Congress each year a
report on current counterdrug intelligence matters. The report shall
include the recommendations of the Counterdrug Intelligence
Coordinating Group on the appropriate number of permanent staff, and of
detailed personnel, for the staff of the Counterdrug Intelligence
Executive Secretariat.
(b) Submittal Date.--The date of the submittal each year of the
report required by subsection (a) shall be the date provided in section
507 of the National Security Act of 1947, as added by section 811 of
this Act.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Appropriations of the Senate and House of
Representatives; and
(2) the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C. 401a)).
SEC. 827. ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN THE
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION THAT RAISE
FUNDS IN THE UNITED STATES CAPITAL MARKETS.
(a) Annual Report Required.--The Director of Central Intelligence
shall submit to the appropriate committees of Congress on an annual
basis a report setting forth each foreign company described in
subsection (b) that raised or attempted to raise funds in the United
States capital markets during the preceding year.
(b) Covered Foreign Companies.--A foreign company described in this
subsection is any foreign company determined by the Director to be
engaged or involved in the proliferation of weapons of mass destruction
(including nuclear, biological, or chemical weapons) or the means to
deliver such weapons.
(c) Submittal Date.--The date each year for the submittal of the
report required by subsection (a) shall be the date provided in section
507 of the National Security Act of 1947, as added by section 811 of
this Act.
(d) Form of Reports.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives;
(2) the Committees on Armed Services, Banking, Housing, and
Urban Affairs, Governmental Affairs, and Foreign Relations of the
Senate; and
(3) the Committees on Armed Services, Financial Services,
Government Reform, and International Relations of the House of
Representatives.
Subtitle D--Other Reports
SEC. 831. REPORT ON EFFECT OF COUNTRY-RELEASE RESTRICTIONS ON ALLIED
INTELLIGENCE-SHARING RELATIONSHIPS.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of Central Intelligence shall, in
consultation with the Secretary of Defense, submit to the congressional
intelligence committees a report containing an assessment of the effect
of the use of ``NOFORN'' classifications, and of other country-release
policies, procedures, and classification restrictions, on intelligence-
sharing relationships and coordinated intelligence operations and
military operations between the United States and its allies. The
report shall include an assessment of the effect of the use of such
classifications, and of such policies, procedures, and restrictions, on
counterterrorism operations in Afghanistan and elsewhere.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committee'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 832. EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF STATE
ON PROTECTION OF CLASSIFIED INFORMATION AT DEPARTMENT
HEADQUARTERS.
(a) Evaluation Required.--Not later than December 31 of 2002, 2003,
and 2004, the Inspector General of the Department of State shall
conduct an evaluation of the policies and procedures of the Department
on the protection of classified information at the Headquarters of the
Department, including compliance with the directives of the Director of
Central Intelligence (DCIDs) regarding the storage and handling of
Sensitive Compartmented Information (SCI) material.
(b) Annual Report.--Except as provided in subsection (c), not later
than February 1 of 2003, 2004, and 2005, the Inspector General shall
submit to the following committees a report on the evaluation conducted
under subsection (a) during the preceding year:
(1) The congressional intelligence committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(c) Exception.--The date each year for the submittal of a report
under subsection (b) may be postponed in accordance with section 507(d)
of the National Security Act of 1947, as added by section 811 of this
Act.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
Subtitle E--Repeal of Certain Report Requirements
SEC. 841. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Annual Report on the Detail of Intelligence Community
Personnel.--Section 113 of the National Security Act of 1947 (50 U.S.C.
404h) is amended by striking subsection (c).
(b) Annual Report on Exercise of National Security Agency Voluntary
Separation Pay Authority.--Section 301(j) of the National Security Act
of 1947 (50 U.S.C. 409a(j)), as amended by section 353(b)(2)(A) of this
Act, is further amended--
(1) by striking ``Reporting Require-ments.--'' and all that
follows through ``The Director may'' and inserting ``Notification
of Exercise of Authority.--The Director may''; and
(2) by striking paragraph (2).
(c) Annual Report on Transfers of Amounts for Acquisition of Land
by the Central Intelligence Agency.--Section 5(c)(2) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403f(c)(2)) is amended by
striking ``an annual report on the transfers of sums described in
paragraph (1).'' and inserting ``a report on the transfer of sums
described in paragraph (1) each time that authority is exercised.''.
(d) Annual Report on Use of CIA Personnel as Special Policemen.--
Section 15(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403o(a)) is amended by striking paragraph (5).
(e) Annual Audit of the Central Services Program of the Central
Intelligence Agency.--Section 21 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403u) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(f) Annual Report on Special Police Authority for the National
Security Agency.--Section 11(a)(5) of the National Security Agency Act
of 1959 (50 U.S.C. 402 note) is amended by inserting ``through 2004''
after ``Not later than July 1 each year''.
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES
SEC. 901. SHORT TITLE; PURPOSE.
(a) Short Title.--This title may be cited as the
``Counterintelligence Enhancement Act of 2002''.
(b) Purpose.--The purpose of this title is to facilitate the
enhancement of the counterintelligence activities of the United States
Government by--
(1) enabling the counterintelligence community of the United
States Government to fulfill better its mission of identifying,
assessing, prioritizing, and countering the intelligence threats to
the United States;
(2) ensuring that the counterintelligence community of the
United States Government acts in an efficient and effective manner;
and
(3) providing for the integration of all the
counterintelligence activities of the United States Government.
SEC. 902. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Establishment.--(1) There shall be a National
Counterintelligence Executive, who shall be appointed by the President.
(2) It is the sense of Congress that the President should seek the
views of the Attorney General, Secretary of Defense, and Director of
Central Intelligence in selecting an individual for appointment as the
Executive.
(b) Mission.--The mission of the National Counterintelligence
Executive shall be to serve as the head of national counterintelligence
for the United States Government.
(c) Duties.--Subject to the direction and control of the President,
the duties of the National Counterintelligence Executive are as
follows:
(1) To carry out the mission referred to in subsection (b).
(2) To act as chairperson of the National Counterintelligence
Policy Board under section 811 of the Counterintelligence and
Security Enhancements Act of 1994 (title VIII of Public Law 103-
359; 50 U.S.C. 402a), as amended by section 903 of this Act.
(3) To act as head of the Office of the National
Counterintelligence Executive under section 904.
(4) To participate as an observer on such boards, committees,
and entities of the executive branch as the President considers
appropriate for the discharge of the mission and functions of the
Executive and the Office of the National Counterintelligence
Executive under section 904.
SEC. 903. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
(a) Chairperson.--Section 811 of the Counterintelligence and
Security Enhancements Act of 1994 (title VII of Public Law 103-359; 50
U.S.C. 402a), as amended by section 811(b)(5)(B) of this Act, is
further amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Chairperson.--The National Counterintelligence Executive
under section 902 of the Counterintelligence Enhancement Act of 2002
shall serve as the chairperson of the Board.''.
(b) Membership.--That section is further amended by inserting after
subsection (b), as amended by subsection (a)(3) of this section, the
following new subsection (c):
``(c) Membership.--The membership of the National
Counterintelligence Policy Board shall consist of the following:
``(1) The National Counterintelligence Executive.
``(2) Senior personnel of departments and elements of the
United States Government, appointed by the head of the department
or element concerned, as follows:
``(A) The Department of Justice, including the Federal
Bureau of Investigation.
``(B) The Department of Defense, including the Joint Chiefs
of Staff.
``(C) The Department of State.
``(D) The Department of Energy.
``(E) The Central Intelligence Agency.
``(F) Any other department, agency, or element of the
United States Government specified by the President.''.
(c) Functions and Discharge of Functions.--That section is further
amended by inserting after subsection (c), as amended by subsection (b)
of this section, the following new subsection:
``(d) Functions and Discharge of Functions.--(1) The Board shall--
``(A) serve as the principal mechanism for--
``(i) developing policies and procedures for the approval
of the President to govern the conduct of counterintelligence
activities; and
``(ii) upon the direction of the President, resolving
conflicts that arise between elements of the Government
conducting such activities; and
``(B) act as an interagency working group to--
``(i) ensure the discussion and review of matters relating
to the implementation of the Counterintelligence Enhancement
Act of 2002; and
``(ii) provide advice to the National Counterintelligence
Executive on priorities in the implementation of the National
Counterintelligence Strategy produced by the Office of the
National Counterintelligence Executive under section 904(e)(2)
of that Act.
``(2) The Board may, for purposes of carrying out its functions
under this section, establish such interagency boards and working
groups as the Board considers appropriate.''.
SEC. 904. OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Establishment.--There shall be an Office of the National
Counterintelligence Executive.
(b) Head of Office.--The National Counterintelligence Executive
shall be the head of the Office of the National Counterintelligence
Executive.
(c) Location of Office.--The Office of the National
Counterintelligence Executive shall be located in the Office of the
Director of Central Intelligence.
(d) General Counsel.--(1) There shall be in the Office of the
National Counterintelligence Executive a general counsel who shall
serve as principal legal advisor to the National Counterintelligence
Executive.
(2) The general counsel shall--
(A) provide legal advice and counsel to the Executive on
matters relating to functions of the Office;
(B) ensure that the Office complies with all applicable laws,
regulations, Executive orders, and guidelines; and
(C) carry out such other duties as the Executive may specify.
(e) Functions.--Subject to the direction and control of the
National Counterintelligence Executive, the functions of the Office of
the National Counterintelligence Executive shall be as follows:
(1) National threat identification and prioritization
assessment.--Subject to subsection (f), in consultation with
appropriate department and agencies of the United States
Government, and private sector entities, to produce on an annual
basis a strategic planning assessment of the counterintelligence
requirements of the United States to be known as the National
Threat Identification and Prioritization Assessment.
(2) National counterintelligence strategy.--Subject to
subsection (f), in consultation with appropriate department and
agencies of the United States Government, and private sector
entities, and based on the most current National Threat
Identification and Prioritization Assessment under paragraph (1),
to produce on an annual basis a strategy for the
counterintelligence programs and activities of the United States
Government to be known as the National Counterintelligence
Strategy.
(3) Implementation of national counterintelligence strategy.--
To evaluate on an ongoing basis the implementation of the National
Counterintelligence Strategy and to submit to the President
periodic reports on such evaluation, including a discussion of any
shortfalls in the implementation of the Strategy and
recommendations for remedies for such shortfalls.
(4) National counterintelligence strategic analyses.--As
directed by the Director of Central Intelligence and in
consultation with appropriate elements of the departments and
agencies of the United States Government, to oversee and coordinate
the production of strategic analyses of counterintelligence
matters, including the production of counterintelligence damage
assessments and assessments of lessons learned from
counterintelligence activities.
(5) National counterintelligence program budget.--In
consultation with the Director of Central Intelligence--
(A) to coordinate the development of budgets and resource
allocation plans for the counterintelligence programs and
activities of the Department of Defense, the Federal Bureau of
Investigation, the Central Intelligence Agency, and other
appropriate elements of the United States Government;
(B) to ensure that the budgets and resource allocation
plans developed under subparagraph (A) address the objectives
and priorities for counterintelligence under the National
Counterintelligence Strategy; and
(C) to submit to the National Security Council periodic
reports on the activities undertaken by the Office under
subparagraphs (A) and (B).
(6) National counterintelligence collection and targeting
coordination.--To develop priorities for counterintelligence
investigations and operations, and for collection of
counterintelligence, for purposes of the National
Counterintelligence Strategy, except that the Office may not--
(A) carry out any counterintelligence investigations or
operations; or
(B) establish its own contacts, or carry out its own
activities, with foreign intelligence services.
(7) National counterintelligence outreach, watch, and
warning.--
(A) Counterintelligence vulnerability surveys.--To carry
out and coordinate surveys of the vulnerability of the United
States Government, and the private sector, to intelligence
threats in order to identify the areas, programs, and
activities that require protection from such threats.
(B) Outreach.--To carry out and coordinate outreach
programs and activities on counterintelligence to other
elements of the United States Government, and the private
sector, and to coordinate the dissemination to the public of
warnings on intelligence threats to the United States.
(C) Research and development.--To ensure that research and
development programs and activities of the United States
Government, and the private sector, direct attention to the
needs of the counterintelligence community for technologies,
products, and services.
(D) Training and professional development.--To develop
policies and standards for training and professional
development of individuals engaged in counterintelligence
activities and to manage the conduct of joint training
exercises for such personnel.
(f) Additional Requirements Regarding National Threat
Identification and Prioritization Assessment and National
Counterintelligence Strategy.--(1) A National Threat Identification and
Prioritization Assessment under subsection (e)(1), and any modification
of such assessment, shall not go into effect until approved by the
President.
(2) A National Counterintelligence Strategy under subsection
(e)(2), and any modification of such strategy, shall not go into effect
until approved by the President.
(3) The National Counterintelligence Executive shall submit to the
congressional intelligence committees each National Threat
Identification and Prioritization Assessment, or modification thereof,
and each National Counterintelligence Strategy, or modification
thereof, approved under this section.
(4) In this subsection, the term ``congressional intelligence
committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the House
of Representatives.
(g) Personnel.--(1) Personnel of the Office of the National
Counterintelligence Executive may consist of personnel employed by the
Office or personnel on detail from any other department, agency, or
element of the Federal Government. Any such detail may be on a
reimbursable or nonreimbursable basis, at the election of the head of
the agency detailing such personnel.
(2) Notwithstanding section 104(d) or any other provision of law
limiting the period of the detail of personnel on a nonreimbursable
basis, the detail of an officer or employee of United States or a
member of the Armed Forces under paragraph (1) on a nonreimbursable
basis may be for any period in excess of one year that the National
Counterintelligence Executive and the head of the department, agency,
or element concerned consider appropriate.
(3) The employment of personnel by the Office, including the
appointment, compensation and benefits, management, and separation of
such personnel, shall be governed by the provisions of law on such
matters with respect to the personnel of the Central Intelligence
Agency, except that, for purposes of the applicability of such
provisions of law to personnel of the Office, the National
Counterintelligence Executive shall be treated as the head of the
Office.
(4) Positions in the Office shall be excepted service positions for
purposes of title 5, United States Code.
(h) Support.--(1) The Attorney General, Secretary of Defense, and
Director of Central Intelligence may each provide the Office of the
National Counterintelligence Executive such support as may be necessary
to permit the Office to carry out its functions under this section.
(2) Subject to any terms and conditions specified by the Director
of Central Intelligence, the Director may provide administrative and
contract support to the Office as if the Office were an element of the
Central Intelligence Agency.
(3) Support provided under this subsection may be provided on a
reimbursable or nonreimbursable basis, at the election of the official
providing such support.
(i) Availability of Funds for Reimbursement.--The National
Counterintelligence Executive may, from amounts available for the
Office, transfer to a department or agency detailing personnel under
subsection (g), or providing support under subsection (h), on a
reimbursable basis amounts appropriate to reimburse such department or
agency for the detail of such personnel or the provision of such
support, as the case may be.
(j) Contracts.--(1) Subject to paragraph (2), the National
Counterintelligence Executive may enter into any contract, lease,
cooperative agreement, or other transaction that the Executive
considers appropriate to carry out the functions of the Office of the
National Counterintelligence Executive under this section.
(2) The authority under paragraph (1) to enter into contracts,
leases, cooperative agreements, and other transactions shall be subject
to any terms, conditions, and limitations applicable to the Central
Intelligence Agency under law with respect to similar contracts,
leases, cooperative agreements, and other transactions.
(k) Treatment of Activities Under Certain Administrative Laws.--The
files of the Office shall be treated as operational files of the
Central Intelligence Agency for purposes of section 701 of the National
Security Act of 1947 (50 U.S.C. 431) to the extent such files meet
criteria under subsection (b) of that section for treatment of files as
operational files of an element of the Agency.
(l) Oversight by Congress.--The location of the Office of the
National Counterintelligence Executive within the Office of the
Director of Central Intelligence shall not be construed as affecting
access by Congress, or any committee of Congress, to--
(1) any information, document, record, or paper in the
possession of the Office; or
(2) any personnel of the Office.
(m) Construction.--Nothing in this section shall be construed as
affecting the authority of the Director of Central Intelligence, the
Secretary of Defense, the Secretary of State, the Attorney General, or
the Director of the Federal Bureau of Investigation as provided or
specified under the National Security Act of 1947 or under other
provisions of law.
TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
SEC. 1001. FINDINGS.
Congress makes the following findings:
(1) Research and development efforts under the purview of the
intelligence community are vitally important to the national
security of the United States.
(2) The intelligence community must operate in a dynamic,
highly-challenging environment, characterized by rapid
technological growth, against a growing number of hostile,
technically-sophisticated threats. Research and development
programs under the purview of the intelligence community are
critical to ensuring that intelligence agencies, and their
personnel, are provided with important technological capabilities
to detect, characterize, assess, and ultimately counter the full
range of threats to the national security of the United States.
(3) There is a need to review the full range of current
research and development programs under the purview of the
intelligence community, evaluate such programs against the
scientific and technological fields judged to be of most
importance, and articulate program and resource priorities for
future research and development activities to ensure a unified and
coherent research and development program across the entire
intelligence community.
SEC. 1002. NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH AND
DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE
COMMUNITY.
(a) Establishment.--There is established a commission to be known
as the ``National Commission for the Review of the Research and
Development Programs of the United States Intelligence Community'' (in
this title referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 12 members,
as follows:
(1) The Deputy Director of Central Intelligence for Community
Management.
(2) A senior intelligence official of the Office of the
Secretary of Defense, as designated by the Secretary of Defense.
(3) Three members appointed by the majority leader of the
Senate, in consultation with the Chairman of the Select Committee
on Intelligence of the Senate, one from Members of the Senate and
two from private life.
(4) Two members appointed by the minority leader of the Senate,
in consultation with the Vice Chairman of the Select Committee on
Intelligence of the Senate, one from Members of the Senate and one
from private life.
(5) Three members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the Permanent
Select Committee on Intelligence of the House of Representatives,
one from Members of the House of Representatives and two from
private life.
(6) Two members appointed by the minority leader of the House
of Representatives, in consultation with the ranking member of the
Permanent Select Committee on Intelligence of the House of
Representatives, one from Members of the House of Representatives
and one from private life.
(c) Membership.--(1) The individuals appointed from private life as
members of the Commission shall be individuals who are nationally
recognized for expertise, knowledge, or experience in--
(A) research and development programs;
(B) technology discovery and insertion;
(C) use of intelligence information by national policymakers
and military leaders; or
(D) the implementation, funding, or oversight of the national
security policies of the United States.
(2) An official who appoints members of the Commission may not
appoint an individual as a member of the Commission if, in the judgment
of the official, such individual possesses any personal or financial
interest in the discharge of any of the duties of the Commission.
(3) All members of the Commission appointed from private life shall
possess an appropriate security clearance in accordance with applicable
laws and regulations concerning the handling of classified information.
(d) Co-Chairs.--(1) The Commission shall have two co-chairs,
selected from among the members of the Commission.
(2) One co-chair of the Commission shall be a member of the
Democratic Party, and one co-chair shall be a member of the Republican
Party.
(3) The individuals who serve as the co-chairs of the Commission
shall be jointly agreed upon by the President, the majority leader of
the Senate, the minority leader of the Senate, the Speaker of the House
of Representatives, and the minority leader of the House of
Representatives.
(e) Appointment; Initial Meeting.--(1) Members of the Commission
shall be appointed not later than 45 days after the date of the
enactment of this Act.
(2) The Commission shall hold its initial meeting on the date that
is 60 days after the date of the enactment of this Act.
(f) Meetings; Quorum; Vacancies.--(1) After its initial meeting,
the Commission shall meet upon the call of the co-chairs of the
Commission.
(2) Six members of the Commission shall constitute a quorum for
purposes of conducting business, except that two members of the
Commission shall constitute a quorum for purposes of receiving
testimony.
(3) 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.
(4) If vacancies in the Commission occur on any day after 45 days
after the date of the enactment of this Act, a quorum shall consist of
a majority of the members of the Commission as of such day.
(g) Actions of Commission.--(1) The Commission shall act by
resolution agreed to by a majority of the members of the Commission
voting and present.
(2) The Commission may establish panels composed of less than the
full membership of the Commission for purposes of carrying out the
duties of the Commission under this title. The actions of any such
panel shall be subject to the review and control of the Commission. Any
findings and determinations made by such a panel shall not be
considered the findings and determinations of the Commission unless
approved by the Commission.
(3) Any member, agent, or staff of the Commission may, if
authorized by the co-chairs of the Commission, take any action which
the Commission is authorized to take pursuant to this title.
(h) Duties.--The duties of the Commission shall be--
(1) to conduct, until not later than the date on which the
Commission submits the report under section 1007(a), the review
described in subsection (i); and
(2) to submit to the congressional intelligence committees, the
Director of Central Intelligence, and the Secretary of Defense a
final report on the results of the review.
(i) Review.--The Commission shall review the status of research and
development programs and activities within the intelligence community,
including--
(1) an assessment of the advisability of modifying the scope of
research and development for purposes of such programs and
activities;
(2) a review of the particular individual research and
development activities under such programs;
(3) an evaluation of the current allocation of resources for
research and development, including whether the allocation of such
resources for that purpose should be modified;
(4) an identification of the scientific and technological
fields judged to be of most importance to the intelligence
community;
(5) an evaluation of the relationship between the research and
development programs and activities of the intelligence community
and the research and development programs and activities of other
departments and agencies of the Federal Government; and
(6) an evaluation of the relationship between the research and
development programs and activities of the intelligence community
and the research and development programs and activities of the
private sector.
SEC. 1003. POWERS OF COMMISSION.
(a) In General.--(1) The Commission or, on the authorization of the
Commission, any subcommittee or member thereof, may, for the purpose of
carrying out the provisions of this title--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and administer
such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents, as the
Commission or such designated subcommittee or designated member
considers necessary.
(2) Subpoenas may be issued under subparagraph (1)(B) under the
signature of the co-chairs of the Commission, and may be served by any
person designated by such co-chairs.
(3) The provisions of sections 102 through 104 of the Revised
Statutes of the United States (2 U.S.C. 192-194) shall apply in the
case of any failure of a witness to comply with any subpoena or to
testify when summoned under authority of this section.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in advance in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under this
title.
(c) Information From Federal Agencies.--The Commission may secure
directly from any executive department, agency, bureau, board,
commission, office, independent establishment, or instrumentality of
the Government information, suggestions, estimates, and statistics for
the purposes of this title. Each such department, agency, bureau,
board, commission, office, establishment, or instrumentality shall, to
the extent authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon request of
the co-chairs of the Commission. The Commission shall handle and
protect all classified information provided to it under this section in
accordance with applicable statutes and regulations.
(d) Assistance From Federal Agencies.--(1) The Director of Central
Intelligence shall provide to the Commission, on a nonreimbursable
basis, such administrative services, funds, staff, facilities, and
other support services as are necessary for the performance of the
Commission's duties under this title.
(2) The Secretary of Defense may provide the Commission, on a
nonreimbursable basis, with such administrative services, staff, and
other support services as the Commission may request.
(3) In addition to the assistance set forth in paragraphs (1) and
(2), other departments and agencies of the United States may provide
the Commission such services, funds, facilities, staff, and other
support as such departments and agencies consider advisable and as may
be authorized by law.
(4) The Commission shall receive the full and timely cooperation of
any official, department, or agency of the United States Government
whose assistance is necessary for the fulfillment of the duties of the
Commission under this title, including the provision of full and
current briefings and analyses.
(e) Prohibition on Withholding Information.--No department or
agency of the Government may withhold information from the Commission
on the grounds that providing the information to the Commission would
constitute the unauthorized disclosure of classified information or
information relating to intelligence sources or methods.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as the
departments and agencies of the United States.
(g) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property in carrying out its duties under this
title.
SEC. 1004. STAFF OF COMMISSION.
(a) In General.--(1) The co-chairs of the Commission, in accordance
with rules agreed upon by the Commission, shall appoint and fix the
compensation of a staff director and such other personnel as may be
necessary to enable the Commission to carry out its duties, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and 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 to a person occupying a position at level V of the
Executive Schedule under section 5316 of such title.
(2) 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.
(3) All staff of the Commission shall possess a security clearance
in accordance with applicable laws and regulations concerning the
handling of classified information.
(b) Consultant Services.--(1) The Commission may 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 such title.
(2) All experts and consultants employed by the Commission shall
possess a security clearance in accordance with applicable laws and
regulations concerning the handling of classified information.
SEC. 1005. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--(1) Except as provided in paragraph (2), 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 under this
title.
(2) Members of the Commission who are officers or employees of the
United States or Members of Congress shall receive no additional pay by
reason of their service on 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 may 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 of title 5, United States Code.
SEC. 1006. TREATMENT OF INFORMATION RELATING TO NATIONAL SECURITY.
(a) In General.--(1) The Director of Central Intelligence shall
assume responsibility for the handling and disposition of any
information related to the national security of the United States that
is received, considered, or used by the Commission under this title.
(2) Any information related to the national security of the United
States that is provided to the Commission by a congressional
intelligence committee may not be further provided or released without
the approval of the chairman of such committee.
(b) Access After Termination of Commission.--Notwithstanding any
other provision of law, after the termination of the Commission under
section 1007, only the Members and designated staff of the
congressional intelligence committees, the Director of Central
Intelligence (and the designees of the Director), and such other
officials of the executive branch as the President may designate shall
have access to information related to the national security of the
United States that is received, considered, or used by the Commission.
SEC. 1007. FINAL REPORT; TERMINATION.
(a) Final Report.--Not later than September 1, 2003, the Commission
shall submit to the congressional intelligence committees, the Director
of Central Intelligence, and the Secretary of Defense a final report as
required by section 1002(h)(2).
(b) Termination.--(1) The Commission, and all the authorities of
this title, shall terminate at the end of the 120-day period beginning
on the date on which the final report under subsection (a) is
transmitted to the congressional intelligence committees.
(2) The Commission may use the 120-day period referred to in
paragraph (1) for the purposes of concluding its activities, including
providing testimony to Congress concerning the final report referred to
in that paragraph and disseminating the report.
SEC. 1008. ASSESSMENTS OF FINAL REPORT.
Not later than 60 days after receipt of the final report under
section 1007(a), the Director of Central Intelligence and the Secretary
of Defense shall each submit to the congressional intelligence
committees an assessment by the Director or the Secretary, as the case
may be, of the final report. Each assessment shall include such
comments on the findings and recommendations contained in the final
report as the Director or Secretary, as the case may be, considers
appropriate.
SEC. 1009. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.
(a) Federal Advisory Committee Act.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission under this title.
(b) Freedom of Information Act.--The provisions of section 552 of
title 5, United States Code (commonly referred to as the Freedom of
Information Act), shall not apply to the activities, records, and
proceedings of the Commission under this title.
SEC. 1010. FUNDING.
(a) Transfer From the Community Management Account.--Of the amounts
authorized to be appropriated by this Act for the Intelligence
Technology Innovation Center of the Community Management Account, the
Deputy Director of Central Intelligence for Community Management shall
transfer to the Director of Central Intelligence $2,000,000 for
purposes of the activities of the Commission under this title.
(b) Availability in General.--The Director of Central Intelligence
shall make available to the Commission, from the amount transferred to
the Director under subsection (a), such amounts as the Commission may
require for purposes of the activities of the Commission under this
title.
(c) Duration of Availability.--Amounts made available to the
Commission under subsection (b) shall remain available until expended.
SEC. 1011. DEFINITIONS.
In this title:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.