[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