[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4628 Reported in House (RH)]
Union Calendar No. 354
107th CONGRESS
2d Session
H. R. 4628
[Report No. 107-592]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2002
Mr. Goss introduced the following bill; which was referred to the
Committee on Intelligence (Permanent Select)
July 18, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 1,
2002]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2003 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for
fiscal year 2002.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.
Sec. 304. Semiannual report on financial intelligence on terrorist
assets (FITA).
Sec. 305. Modification of excepted agency voluntary leave transfer
authority.
Sec. 306. Additional one-year suspension of reorganization of
Diplomatic Telecommunications Service
Program Office.
Sec. 307. Prohibition on compliance with requests for information
submitted by foreign governments.
Sec. 308. Cooperative relationship between the National Security
Education Program and the Foreign Language
Center of the Defense Language Institute.
Sec. 309. Establishment of National Flagship Language Initiative within
the National Security Education Program.
Sec. 310. Deadline for submittal of various overdue reports.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 402. Prohibition on implementation of compensation reform plan.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counter-drug and counterterrorism activities
for Colombia.
Sec. 502. Protection of operational files of the National
Reconnaissance Office.
Sec. 503. Eligibility of employees in intelligence senior level
positions for Presidential Rank Awards.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2003, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the bill H.R. 4628 of the One
Hundred Seventh Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2003 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall notify promptly the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate whenever the Director exercises the
authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 2003 the sum of $176,179,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Advanced Research
and Development Committee shall remain available until September 30,
2004.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized 350 full-time personnel as of September 30, 2003. Personnel
serving in such elements may be permanent employees of the Community
Management Account or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Community
Management Account by subsection (a), there are also authorized
to be appropriated for the Community Management Account for
fiscal year 2003 such additional amounts as are specified in
the classified Schedule of Authorizations referred to in
section 102(a). Such additional amounts shall remain available
until September 30, 2004.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 2003, there
are hereby authorized such additional personnel for such
elements as of that date as are specified in the classified
Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2003
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Community Management Account
from another element of the United States Government shall be detailed
on a reimbursable basis, except that any such officer, employee, or
member may be detailed on a nonreimbursable basis for a period of less
than one year for the performance of temporary functions as required by
the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $34,100,000 shall be available
for the National Drug Intelligence Center. Within such amount,
funds provided for research, development, testing, and
evaluation purposes shall remain available until September 30,
2003, and funds provided for procurement purposes shall remain
available until September 30, 2004.
(2) Transfer of funds.--The Director of Central
Intelligence shall transfer to the Attorney General funds
available for the National Drug Intelligence Center under
paragraph (1). The Attorney General shall utilize funds so
transferred for the activities of the National Drug
Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority.--Notwithstanding any other provision of law,
the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2002.
(a) Authorization.--Amounts authorized to be appropriated for
fiscal year 2002 under section 101 of the Intelligence Authorization
Act for Fiscal Year 2002 (Public Law 107-108) for the conduct of the
intelligence activities of elements of the United States Government
listed in such section are hereby increased, with respect to any such
authorized amount, by the amount by which appropriations pursuant to
such authorization were increased by the following:
(1) The Emergency Supplemental Act, 2002 (contained in
division B of Public Law 107-117), including section 304 of
such Act (115 Stat. 2300).
(2) An emergency supplemental appropriation in a
supplemental appropriations Act for fiscal year 2002 that is
enacted after May 1, 2002, amounts as are designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) Ratification.--For purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure of
those amounts deemed to have been specifically authorized by the Act
referred to in subsection (a)(1) and by the supplemental appropriations
Act referred to in subsection (a)(2) is hereby ratified and confirmed.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2003 the sum of
$351,300,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national security
interests of the United States and consistent with operational and
security concerns related to the conduct of intelligence activities,
and where fiscally sound, should competitively award contracts in a
manner that maximizes the procurement of products properly designated
as having been made in the United States.
SEC. 304. SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS (FITA).
(a) Semiannual Report.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
``semiannual report on financial intelligence on terrorist assets
``Sec. 118. (a) Semiannual Report.--On a semiannual basis, the
Secretary of the Treasury (acting through the head of the Office of
Intelligence Support) shall submit a report to the appropriate
congressional committees (as defined in subsection (c)) that fully
informs the committees concerning operations against terrorist
financial networks. Each such report shall include with respect to the
preceding six-month period--
``(1) the total number of asset seizures, designations, and
other actions against individuals or entities found to have
engaged in financial support of terrorism;
``(2) the total number of applications for asset seizure
and designations of individuals or entities suspected of having
engaged in financial support of terrorist activities, that were
granted, modified, or denied;
``(3) the total number of physical searches of offices,
residences, or financial records of individuals or entities
suspected of having engaged in financial support for terrorist
activity; and
``(4) whether the financial intelligence information seized
in these cases has been shared on a full and timely basis with
the all departments, agencies, and other entities of the United
States Government involved in intelligence activities
participating in the Foreign Terrorist Asset Tracking Unit
(managed and coordinated by the Counterterrorism Center of the
Central Intelligence Agency).
``(b) Immediate Notification for Emergency Designation.--In the
case of a designation of an individual or entity, or the assets of an
individual or entity, as having been found to have engaged in terrorist
activities, the Secretary of the Treasury shall report such designation
within 24 hours of such a designation to the appropriate congressional
committees.
``(c) Definition.--In this section, the term `appropriate
congressional committees' means the following:
``(1) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on Financial
Services of the House of Representatives.
``(2) The Select Committee on Intelligence, the Committee
on Appropriations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.''.
(2) Clerical amendment.--The table of contents contained in
the first section of such Act is amended by inserting after the
item relating to section 117 the following new item:
``Sec. 118. Semiannual report on financial intelligence on terrorist
assets.''.
(b) Conforming Amendment.--Section 501(f) of the National Security
Act of 1947 (50 U.S.C. 413(f)) is amended by inserting before the
period the following: ``, and includes financial intelligence
activities''.
SEC. 305. MODIFICATION OF EXCEPTED AGENCY VOLUNTARY LEAVE TRANSFER
AUTHORITY.
(a) In General.--Section 6339 of title 5, United States Code, is
amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by inserting after subsection (b) (as so redesignated
by paragraph (2)) the following:
``(c)(1) Notwithstanding any provision of subsection (b), the head
of an excepted agency may, at his sole discretion, by regulation
establish a program under which an individual employed in or under such
excepted agency may participate in a leave transfer program established
under the provisions of this subchapter outside of this section,
including provisions permitting the transfer of annual leave accrued or
accumulated by such employee to, or permitting such employee to receive
transferred leave from, an employee of any other agency (including
another excepted agency having a program under this subsection).
``(2) To the extent practicable and consistent with the protection
of intelligence sources and methods, any program established under
paragraph (1) shall be consistent with the provisions of this
subchapter outside of this section and with any regulations issued by
the Office of Personnel Management implementing this subchapter.''.
(b) Conforming Amendments.--Section 6339 of such title is amended--
(1) in paragraph (2) of subsection (b) (as so redesignated
by subsection (a)(2)), by striking ``under this section'' and
inserting ``under this subsection''; and
(2) in subsection (d), by striking ``of Personnel
Management''.
SEC. 306. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION OF
DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
Section 311 of the Intelligence Authorization Act for Fiscal Year
2002 (Public Law 107-108; 22 U.S.C. 7301 note; 115 Stat. 1401) is
amended--
(1) in the heading, by striking ``ONE-YEAR'' and inserting
``TWO-YEAR''; and
(2) in the text, by striking ``October 1, 2002'' and
inserting ``October 1, 2003''.
SEC. 307. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR INFORMATION
SUBMITTED BY FOREIGN GOVERNMENTS.
Section 552(a)(3) of title 5, United States Code, is amended--
(1) in subparagraph (A) by inserting ``and except as
provided in subparagraph (E),'' after ``of this subsection,'';
and
(2) by adding at the end the following:
``(E) An agency, or part of an agency, that is an element of the
intelligence community (as that term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any
record available under this paragraph to--
``(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any
subdivision thereof; or
``(ii) a representative of a government entity described in
clause (i).''.
SEC. 308. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL SECURITY
EDUCATION PROGRAM AND THE FOREIGN LANGUAGE CENTER OF THE
DEFENSE LANGUAGE INSTITUTE.
Section 802 of the David L. Boren National Security Education Act
of 1991 (50 U.S.C. 1902) is amended by adding at the end the following
new subsection:
``(h) Use of Awards To Attend the Foreign Language Center of the
Defense Language Institute.--(1) The Secretary shall provide for the
admission of award recipients to the Foreign Language Center of the
Defense Language Institute (hereinafter in this subsection referred to
as the `Center'). An award recipient may apply a portion of the
applicable scholarship or fellowship award for instruction at the
Center on a space-available basis as a Department of Defense sponsored
program to defray the additive instructional costs.
``(2) Except as the Secretary determines necessary, an award
recipient who receives instruction at the Center shall be subject to
the same regulations with respect to attendance, discipline, discharge,
and dismissal as apply to other persons attending the Center.
``(3) In this subsection, the term `award recipient' means an
undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) or a graduate student who has been a fellowship
under subsection (a)(1)(B) who--
``(A) is in good standing;
``(B) has completed all academic study in a foreign
country, as provided for under the scholarship or fellowship;
and
``(C) would benefit from instruction provided at the
Center.''.
SEC. 309. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE WITHIN
THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) National Flagship Language Initiative.--
(1) Expansion of grant program authority.--Subsection
(a)(1) of section 802 of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph
(B)(ii);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) awarding grants to institutions of higher
education to carry out a National Flagship Language
Initiative (described in subsection (i)).''.
(2) Provisions of national flagship language initiative.--
Such section, as amended by section 308, is further amended by
adding at the end the following new subsection:
``(i) National Flagship Language Initiative.--(1) Under the
National Flagship Language Initiative, institutions of higher learning
shall establish, operate, or improve activities designed to train
students in programs in a range of disciplines to achieve advanced
levels of proficiency in those foreign languages that the Secretary
identifies as being the most critical in the interests of the national
security of the United States.
``(2) An undergraduate student who has been awarded a scholarship
under subsection (a)(1)(A) or a graduate student who has been awarded a
fellowship under subsection (a)(1)(B) may participate in the activities
carried out under the National Flagship Language Initiative.
``(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) shall give special consideration to
applicants who are employees of the Federal Government.
``(4) For purposes of this subsection, the Foreign Language Center
of the Defense Language Institute and any other educational institution
that provides training in foreign languages operated by the Department
of Defense or an agency in the intelligence community is deemed to be
an institution of higher education, and may carry out the types of
activities permitted under the National Flagship Language
Initiative.''.
(3) Waiver of funding allocation rules.--Subsection (a)(2)
of such section is amended by adding at the end the following
flush sentences:
``The funding allocation under this paragraph shall not apply
to grants under paragraph (1)(D) for the National Flagship
Language Initiative described in subsection (i). For the
authorization of appropriations for the National Flagship
Language Initiative, see section 811.''.
(4) Board requirement.--Section 803(d)(4) of such Act (50
U.S.C. 1904(d)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) which foreign languages are critical to the
national security interests of the United States for
purposes of section 802(a)(1)(D) (relating to grants
for the National Flagship Language Initiative).''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In addition to amounts that may be made
available to the Secretary under the National Security Education Trust
Fund (under section 804 of this Act) for a fiscal year, there is
authorized to be appropriated to the Secretary for each fiscal year,
beginning with fiscal year 2003, $10,000,000, to carry out the grant
program for the National Flagship Language Initiative under section
802(a)(1)(D).
``(b) Availability of Appropriated Funds.--Amounts appropriated
pursuant to the authorization under subsection (a) shall remain
available until expended.''.
SEC. 310. DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS.
(a) Deadline.--The reports described in subsection (c) shall be
submitted to Congress not later than 180 days after the date of the
enactment of this Act.
(b) Noncompliance.--(1) If all the reports described in subsection
(c) are not submitted to Congress by the date specified in subsection
(a), amounts available to be obligated or expended after that date to
carry out the functions or duties of the following offices shall be
reduced by \1/3\:
(A) The Office of the Director of Central Intelligence.
(B) The Office of Community Management Staff.
(2) The reduction applicable under paragraph (1) shall not apply if
the Director of Central Intelligence certifies to Congress by the date
referred to in subsection (a) that all reports referred to in
subsection (c) have been submitted to Congress.
(c) Reports Described.--The reports referred to in subsection (a)
are reports mandated by law for which the Director of Central
Intelligence has sole or primary responsibility to prepare, or
coordinate, and submit to Congress which, as of the date of the
enactment of this Act, have not been submitted to Congress by the date
mandated by law.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 403-4 note) is amended--
(1) in subsection (f), by striking ``September 30, 2003''
and inserting ``September 30, 2005''; and
(2) in subsection (i), by striking ``or 2003'' and
inserting ``2003, 2004, or 2005''.
SEC. 402. PROHIBITION ON IMPLEMENTATION OF COMPENSATION REFORM PLAN.
No plan by the Director of Central Intelligence that would revise
the manner in which employees of the Central Intelligence Agency, or
employees of other elements of the United States Government that
conduct intelligence and intelligence-related activities, are
compensated may be implemented until the plan has been specifically
authorized by statute.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. USE OF FUNDS FOR COUNTER-DRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
Notwithstanding any other provision of law, funds designated for
intelligence or intelligence-related purposes for assistance to the
Government of Colombia for counter-drug activities for fiscal years
2002 and 2003, and any unobligated funds available to any element of
the intelligence community for such activities for a prior fiscal year,
shall be available to support a unified campaign against narcotics
trafficking and against activities by organizations designated as
terrorist organizations (such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the United
Self-Defense Forces of Colombia (AUC)), and to take actions to protect
human health and welfare in emergency circumstances, including
undertaking rescue operations.
SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by inserting after section 105C (50
U.S.C. 403-5c) the following new section:
``protection of operational files of the national reconnaissance office
``Sec. 105D. (a) Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) The Director of the
National Reconnaissance Office, with the coordination of the Director
of Central Intelligence, may exempt operational files of the National
Reconnaissance Office from the provisions of section 552 of title 5,
United States Code, which require publication, disclosure, search, or
review in connection therewith.
``(2)(A) Subject to subparagraph (B), for the purposes of this
section, the term `operational files' means files of the National
Reconnaissance Office (hereafter in this section referred to as `NRO')
that document the means by which foreign intelligence or
counterintelligence is collected through scientific and technical
systems.
``(B) Files which are the sole repository of disseminated
intelligence are not operational files.
``(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(i) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(ii) The Select Committee on Intelligence of the
Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of NRO.
``(vi) The Office of the Director of NRO.
``(4)(A) Files that are not exempted under paragraph (1) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under paragraph (1) of the originating operational files from
search, review, publication, or disclosure.
``(C) The declassification of some of the information contained in
exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication, or
disclosure.
``(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1) and which have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded except
by a provision of law which is enacted after the date of the enactment
of this section, and which specifically cites and repeals or modifies
its provisions.
``(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title 5,
United States Code, alleges that NRO has withheld records improperly
because of failure to comply with any provision of this section,
judicial review shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
``(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
``(i) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by NRO,
such information shall be examined ex parte, in camera by the
court.
``(ii) The court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written submissions
of the parties.
``(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NRO shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating
to the court by sworn written submission that exempted
operational files likely to contain responsible records
currently perform the functions set forth in paragraph (2).
``(II) The court may not order NRO to review the content of
any exempted operational file or files in order to make the
demonstration required under subclause (I), unless the
complainant disputes NRO's showing with a sworn written
submission based on personal knowledge or otherwise admissible
evidence.
``(v) In proceedings under clauses (iii) and (iv), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules 26 and
36.
``(vi) If the court finds under this paragraph that NRO has
improperly withheld requested records because of failure to
comply with any provision of this subsection, the court shall
order NRO to search and review the appropriate exempted
operational file or files for the requested records and make
such records, or portions thereof, available in accordance with
the provisions of section 552 of title 5, United States Code,
and such order shall be the exclusive remedy for failure to
comply with this subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph NRO agrees to search the appropriate
exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of Central Intelligence prior to submission
to the court.
``(b) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of the National Reconnaissance
Office and the Director of Central Intelligence shall review the
exemptions in force under subsection (a)(1) to determine whether such
exemptions may be removed from the category of exempted files or any
portion thereof. The Director of Central Intelligence must approve any
determination to remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that NRO has improperly withheld
records because of failure to comply with this subsection may seek
judicial review in the district court of the United States of the
district in which any of the parties reside, or in the District of
Columbia. In such a proceeding, the court's review shall be limited to
determining the following:
``(A) Whether NRO has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of this section or
before the expiration of the 10-year period beginning on the
date of the most recent review.
``(B) Whether NRO, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.''.
(b) Clerical Amendment.--The table of contents contained in the
first section of such Act is amended by inserting after the item
relating to section 105C the following new item:
``Sec. 105D. Protection of operational files of the National
Reconnaissance Office.''.
SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR LEVEL
POSITIONS FOR PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Award of Rank to Employees in Intelligence Senior Level
Positions.--The President, based on the recommendations of the
Secretary of Defense, may award a rank referred to in section 4507a of
title 5 to employees in Intelligence Senior Level positions designated
under subsection (a). The award of such rank shall be made in a manner
consistent with the provisions of that section.''.
Union Calendar No. 354
107th CONGRESS
2d Session
H. R. 4628
[Report No. 107-592]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 18, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed