Text: H.R.4628 — 107th Congress (2001-2002)All Information (Except Text)

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Public Law No: 107-306 (11/27/2002)

 
[107th Congress Public Law 306]
[From the U.S. Government Printing Office]


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[DOCID: f:publ306.107]


[[Page 116 STAT. 2383]]

Public Law 107-306
107th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 2003 for intelligence and 
  intelligence-related activities of the United States Government, the 
Community <<NOTE: Nov. 27, 2002 -  [H.R. 4628]>> 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 <<NOTE: Intelligence Authorization 
Act for Fiscal Year 2003.>> 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.

[[Page 116 STAT. 2384]]

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.

[[Page 116 STAT. 2385]]

                  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.

[[Page 116 STAT. 2386]]

            (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. <<NOTE: 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

[[Page 116 STAT. 2387]]

        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 <<NOTE: 21 USC 873 note.>> 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

[[Page 116 STAT. 2388]]

        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.

[[Page 116 STAT. 2389]]

SEC. 109. <<NOTE: 50 USC 415b note.>> 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.

[[Page 116 STAT. 2390]]

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. <<NOTE: 50 USC 415a.>> (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--

[[Page 116 STAT. 2391]]

            ``(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. <<NOTE: 50 USC 404n.>> 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

[[Page 116 STAT. 2392]]

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.

[[Page 116 STAT. 2393]]

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

[[Page 116 STAT. 2394]]

        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 <<NOTE: Deadline.>> 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) <<NOTE: 50 USC 442.>> by redesignating title X as title 
        XI;
            (2) <<NOTE: 50 USC 442.>> 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. <<NOTE: 50 USC 441g.>> (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

[[Page 116 STAT. 2395]]

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

[[Page 116 STAT. 2396]]

            ``(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

[[Page 116 STAT. 2397]]

                    (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. <<NOTE: 50 USC 1911.>> 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 <<NOTE: 50 USC 1902 note.>> 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 <<NOTE: 50 USC 1902 note.>> 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 <<NOTE: Deadline.>> 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--

[[Page 116 STAT. 2398]]

            (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. <<NOTE: 50 USC 404n-1.>> 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. <<NOTE: 50 USC 404m.>> (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.

[[Page 116 STAT. 2399]]

    ``(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. <<NOTE: 50 USC 404n-2.>> 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.

[[Page 116 STAT. 2400]]

    (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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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

[[Page 116 STAT. 2401]]

        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. <<NOTE: 50 USC 403-3 note.>> STANDARDIZED TRANSLITERATION OF 
            NAMES INTO THE ROMAN ALPHABET.

    (a) Method <<NOTE: Deadline.>> 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.''.

[[Page 116 STAT. 2402]]

    (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''.

[[Page 116 STAT. 2403]]

                  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. <<NOTE: 50 USC 403-4 note.>> 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) <<NOTE: Deadline.>> 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

[[Page 116 STAT. 2404]]

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.

[[Page 116 STAT. 2405]]

    (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. <<NOTE: 50 USC 403-5e.>> (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.

[[Page 116 STAT. 2406]]

                    ``(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.

[[Page 116 STAT. 2407]]

            ``(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:

[[Page 116 STAT. 2408]]

    ``(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. <<NOTE: 6 USC 101 note.>> 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. <<NOTE: 6 USC 101 note.>> 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. <<NOTE: 6 USC 101 note.>> 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

[[Page 116 STAT. 2409]]

        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. <<NOTE: 6 USC 101 note.>> 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;

[[Page 116 STAT. 2410]]

            (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. <<NOTE: 6 USC 101 note.>> 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

[[Page 116 STAT. 2411]]

                      (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.

[[Page 116 STAT. 2412]]

SEC. 606. <<NOTE: 6 USC 101 note.>> 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. <<NOTE: 6 USC 101 note.>> 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. <<NOTE: 6 USC 101 note.>> 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.

[[Page 116 STAT. 2413]]

    (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. <<NOTE: 6 USC 101 note.>> 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. <<NOTE: 6 USC 101 note.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 6 USC 101 note.>> 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 <<NOTE:  Homeland Security Information 
Sharing Act.>> 

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Homeland Security Information 
Sharing Act''.

[[Page 116 STAT. 2414]]

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) <<NOTE: President.>> The President shall 
prescribe and implement procedures under which relevant Federal agencies 
determine--

[[Page 116 STAT. 2415]]

            (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

[[Page 116 STAT. 2416]]

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 <<NOTE: President.>> 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.

[[Page 116 STAT. 2417]]

            (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 <<NOTE: Deadline. President.>> 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.

[[Page 116 STAT. 2418]]

                   TITLE VIII--REPORTING REQUIREMENTS

                       Subtitle A--Overdue Reports

SEC. 801. <<NOTE: 50 USC 415b note.>> 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. <<NOTE: 50 USC 415b.>> (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

[[Page 116 STAT. 2419]]

        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).

[[Page 116 STAT. 2420]]

            ``(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,

[[Page 116 STAT. 2421]]

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 <<NOTE: Deadline.>> 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.''.

[[Page 116 STAT. 2422]]

            (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) <<NOTE: Deadline. President.>> 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) <<NOTE: Deadline. President.>> 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) <<NOTE: Deadline.>> 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

[[Page 116 STAT. 2423]]

        ``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 <<NOTE: Deadline. President.>> 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 <<NOTE: Deadline. President.>> 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

[[Page 116 STAT. 2424]]

                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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline. Reports.>> 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):

[[Page 116 STAT. 2425]]

    ``(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):

[[Page 116 STAT. 2426]]

    ``(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) <<NOTE: 50 USC 404i.>> 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):

[[Page 116 STAT. 2427]]

    ``(d) Annual Report on Threat of Attack on the United 
States <<NOTE: Deadline.>> 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, <<NOTE: 50 USC 404i.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline. 50 USC 404i-1.>> 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

[[Page 116 STAT. 2428]]

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)).''.

[[Page 116 STAT. 2429]]

    (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. <<NOTE: 21 USC 873 note.>> 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

[[Page 116 STAT. 2430]]

            (2) the congressional intelligence committees (as defined in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 
        401a)).

SEC. 827. <<NOTE: 50 USC 404n-3.>> 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 <<NOTE: Deadline.>> 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--

[[Page 116 STAT. 2431]]

            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

SEC. 832. <<NOTE: 22 USC 4861 note.>> 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 <<NOTE: Deadline.>> 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

[[Page 116 STAT. 2432]]

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 <<NOTE: Counter- intelligence Enhancement Act of 2002.>> IX--
COUNTERINTELLIGENCE ACTIVITIES

SEC. 901. SHORT TITLE; PURPOSE.

    (a) Short <<NOTE: 50 USC 401 note.>> Title.--This title may be cited 
as the ``Counterintelligence Enhancement Act of 2002''.

    (b) <<NOTE: 50 USC 402b note.>> 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. <<NOTE: 50 USC 402b.>> 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.

[[Page 116 STAT. 2433]]

            (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

[[Page 116 STAT. 2434]]

                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. <<NOTE: 50 USC 402c.>> 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

[[Page 116 STAT. 2435]]

        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.

[[Page 116 STAT. 2436]]

    (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.

[[Page 116 STAT. 2437]]

    (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. <<NOTE: 50 USC 401 note.>> 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

[[Page 116 STAT. 2438]]

        research and development activities to ensure a unified and 
        coherent research and development program across the entire 
        intelligence community.

SEC. 1002. <<NOTE: 50 USC 401 note.>> 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.

[[Page 116 STAT. 2439]]

    (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;

[[Page 116 STAT. 2440]]

            (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. <<NOTE: 50 USC 401 note.>> 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.

[[Page 116 STAT. 2441]]

    (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. <<NOTE: 50 USC 401 note.>> 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.

[[Page 116 STAT. 2442]]

SEC. 1005. <<NOTE: 50 USC 401 note.>> 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. <<NOTE: 50 USC 401 note.>> 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. <<NOTE: 50 USC 401 note.>> FINAL REPORT; TERMINATION.

    (a) Final <<NOTE: Deadline.>> 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. <<NOTE: 50 USC 401 note.>> ASSESSMENTS OF FINAL REPORT.

    Not <<NOTE: Deadline.>> 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

[[Page 116 STAT. 2443]]

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. <<NOTE: 50 USC 401 note.>> 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. <<NOTE: 50 USC 401 note.>> 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. <<NOTE: 50 USC 401 note.>> 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.

[[Page 116 STAT. 2444]]

            (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)).

    Approved November 27, 2002.

LEGISLATIVE HISTORY--H.R. 4628 (S. 2506):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 107-592 (Permanent Select Comm. on Intelligence) and 
107-789 (Comm. of Conference).
SENATE REPORTS: Nos. 107-149 (Select Comm. on Intelligence) and 107-208 
(Comm. on Armed Services) both accompanying S. 2506.
CONGRESSIONAL RECORD, Vol. 148 (2002):
            July 24, considered and passed House.
            Sept. 25, considered and passed Senate, amended, in lieu of 
                S. 2506.
            Nov. 14, House agreed to conference report.
            Nov. 15, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Nov. 27, Presidential remarks and statement.

                                  <all>

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