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

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Enrolled Bill

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 4628 Enrolled Bill (ENR)]

        H.R.4628

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 An Act


 
 To authorize appropriations for fiscal year 2003 for intelligence and 
  intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
        Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for 
          fiscal year 2002.
Sec. 106. Additional authorizations of appropriations for intelligence 
          for the war on terrorism.
Sec. 107. Specific authorization of funds for intelligence or 
          intelligence-related 
          activities for which fiscal year 2003 appropriations exceed 
          amounts 
          authorized.
Sec. 108. Incorporation of reporting requirements.
Sec. 109. Preparation and submittal of reports, reviews, studies, and 
          plans relating to intelligence activities of Department of 
          Defense or Department of 
          Energy.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

                Subtitle A--Recurring General Provisions

Sec. 301. Increase in employee compensation and benefits authorized by 
          law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.

                        Subtitle B--Intelligence

Sec. 311. Specificity of National Foreign Intelligence Program budget 
          amounts for counterterrorism, counterproliferation, 
          counternarcotics, and counterintelligence.
Sec. 312. Prohibition on compliance with requests for information 
          submitted by 
          foreign governments.
Sec. 313. National Virtual Translation Center.

                          Subtitle C--Personnel

Sec. 321. Standards and qualifications for the performance of 
          intelligence activities.
Sec. 322. Modification of excepted agency voluntary leave transfer 
          authority.
Sec. 323. Sense of Congress on diversity in the workforce of 
          intelligence community agencies.
Sec. 324. Annual report on hiring and retention of minority employees in 
          the intelligence community.
Sec. 325. Report on establishment of a Civilian Linguist Reserve Corps.

                          Subtitle D--Education

Sec. 331. Scholarships and work-study for pursuit of graduate degrees in 
          science and technology.
Sec. 332. Cooperative relationship between the National Security 
          Education Program and the Foreign Language Center of the 
          Defense Language Institute.
Sec. 333. Establishment of National Flagship Language Initiative within 
          the National Security Education Program.
Sec. 334. Report on the National Security Education Program.

                          Subtitle E--Terrorism

Sec. 341. Foreign Terrorist Asset Tracking Center.
Sec. 342. Semiannual report on financial intelligence on terrorist 
          assets (FITA).
Sec. 343. Terrorist Identification Classification System.

                        Subtitle F--Other Matters

Sec. 351. Additional one-year suspension of reorganization of Diplomatic 
          Telecommunications Service Program Office.
Sec. 352. Standardized transliteration of names into the Roman alphabet.
Sec. 353. Definition of congressional intelligence committees in 
          National Security Act of 1947.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Two-year extension of Central Intelligence Agency Voluntary 
          Separation Pay Act.
Sec. 402. Implementation of compensation reform plan.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Use of funds for counterdrug and counterterrorism activities 
          for Colombia.
Sec. 502. Protection of operational files of the National Reconnaissance 
          Office.
Sec. 503. Eligibility of employees in Intelligence Senior Level 
          positions for Presidential Rank Awards.

   TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                 STATES

Sec. 601. Establishment of Commission.
Sec. 602. Purposes.
Sec. 603. Composition of Commission.
Sec. 604. Functions of Commission.
Sec. 605. Powers of Commission.
Sec. 606. Nonapplicability of Federal Advisory Committee Act.
Sec. 607. Staff of Commission.
Sec. 608. Compensation and travel expenses.
Sec. 609. Security clearances for Commission members and staff.
Sec. 610. Reports of Commission; termination.
Sec. 611. Funding.

                     TITLE VII--INFORMATION SHARING

Sec. 701. Short title.
Sec. 702. Findings and sense of Congress.
Sec. 703. Facilitating homeland security information sharing procedures.
Sec. 704. Report.
Sec. 705. Authorization of appropriations.
Sec. 706. Coordination provision.

                   TITLE VIII--REPORTING REQUIREMENTS

                       Subtitle A--Overdue Reports

Sec. 801. Deadline for submittal of various overdue reports.

       Subtitle B--Submittal of Reports to Intelligence Committees

Sec. 811. Dates for submittal of various annual and semiannual reports 
          to the congressional intelligence committees.

                  Subtitle C--Recurring Annual Reports

Sec. 821. Annual report on threat of attack on the United States using 
          weapons of mass destruction.
Sec. 822. Annual report on covert leases.
Sec. 823. Annual report on improvement of financial statements of 
          certain elements of the intelligence community for auditing 
          purposes.
Sec. 824. Annual report on activities of Federal Bureau of Investigation 
          personnel outside the United States.
Sec. 825. Annual reports of inspectors general of the intelligence 
          community on proposed resources and activities of their 
          offices.
Sec. 826. Annual report on counterdrug intelligence matters.
Sec. 827. Annual report on foreign companies involved in the 
          proliferation of weapons of mass destruction that raise funds 
          in the United States capital markets.

                        Subtitle D--Other Reports

Sec. 831. Report on effect of country-release restrictions on allied 
          intelligence-sharing relationships.
Sec. 832. Evaluation of policies and procedures of Department of State 
          on protection of classified information at department 
          headquarters.

            Subtitle E--Repeal of Certain Report Requirements

Sec. 841. Repeal of certain report requirements.

                TITLE IX--COUNTERINTELLIGENCE ACTIVITIES

Sec. 901. Short title; purpose.
Sec. 902. National Counterintelligence Executive.
Sec. 903. National Counterintelligence Policy Board.
Sec. 904. Office of the National Counterintelligence Executive.

  TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT 
          PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY

Sec. 1001. Findings.
Sec. 1002. National Commission for the Review of the Research and 
          Development Programs of the United States Intelligence 
          Community.
Sec. 1003. Powers of Commission.
Sec. 1004. Staff of Commission.
Sec. 1005. Compensation and travel expenses.
Sec. 1006. Treatment of information relating to national security.
Sec. 1007. Final report; termination.
Sec. 1008. Assessments of final report.
Sec. 1009. Inapplicability of certain administrative provisions.
Sec. 1010. Funding.
Sec. 1011. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2003 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
        (1) The Central Intelligence Agency.
        (2) The Department of Defense.
        (3) The Defense Intelligence Agency.
        (4) The National Security Agency.
        (5) The Department of the Army, the Department of the Navy, and 
    the Department of the Air Force.
        (6) The Department of State.
        (7) The Department of the Treasury.
        (8) The Department of Energy.
        (9) The Federal Bureau of Investigation.
        (10) The National Reconnaissance Office.
        (11) The National Imagery and Mapping Agency.
        (12) The Coast Guard.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2003, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on H.R. 4628 
of the One Hundred Seventh Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2003 under section 102 when 
the Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 2 percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall notify promptly the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate whenever the Director exercises the 
authority granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of Central Intelligence for fiscal year 2003 the sum of 
$158,254,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2004.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of Central 
Intelligence are authorized 322 full-time personnel as of September 30, 
2003. Personnel serving in such elements may be permanent employees of 
the Intelligence Community Management Account or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
        (1) Authorization of appropriations.--In addition to amounts 
    authorized to be appropriated for the Intelligence Community 
    Management Account by subsection (a), there are also authorized to 
    be appropriated for the Intelligence Community Management Account 
    for fiscal year 2003 such additional amounts as are specified in 
    the classified Schedule of Authorizations referred to in section 
    102(a). Such additional amounts for research and development shall 
    remain available until September 30, 2004.
        (2) Authorization of personnel.--In addition to the personnel 
    authorized by subsection (b) for elements of the Intelligence 
    Community Management Account as of September 30, 2003, there are 
    hereby authorized such additional personnel for such elements as of 
    that date as are specified in the classified Schedule of 
    Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2003 
any officer or employee of the United States or a member of the Armed 
Forces who is detailed to the staff of the Intelligence Community 
Management Account from another element of the United States Government 
shall be detailed on a reimbursable basis, except that any such 
officer, employee, or member may be detailed on a nonreimbursable basis 
for a period of less than one year for the performance of temporary 
functions as required by the Director of Central Intelligence.
    (e) National Drug Intelligence Center.--
        (1) In general.--Of the amount authorized to be appropriated in 
    subsection (a), $34,100,000 shall be available for the National 
    Drug Intelligence Center. Within such amount, funds provided for 
    research, development, testing, and evaluation purposes shall 
    remain available until September 30, 2004, and funds provided for 
    procurement purposes shall remain available until September 30, 
    2005.
        (2) Transfer of funds.--The Director of Central Intelligence 
    shall transfer to the Attorney General funds available for the 
    National Drug Intelligence Center under paragraph (1). The Attorney 
    General shall utilize funds so transferred for the activities of 
    the National Drug Intelligence Center.
        (3) Limitation.--Amounts available for the National Drug 
    Intelligence Center may not be used in contravention of the 
    provisions of section 103(d)(1) of the National Security Act of 
    1947 (50 U.S.C. 403-3(d)(1)).
        (4) Authority.--Notwithstanding any other provision of law, the 
    Attorney General shall retain full authority over the operations of 
    the National Drug Intelligence Center.

SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
              FISCAL YEAR 2002.

    (a) Authorization.--Amounts authorized to be appropriated for 
fiscal year 2002 under section 101 of the Intelligence Authorization 
Act for Fiscal Year 2002 (Public Law 107-108) for the conduct of the 
intelligence activities of elements of the United States Government 
listed in such section are hereby increased, with respect to any such 
authorized amount, by the amount by which appropriations pursuant to 
such authorization were increased by the following:
        (1) The Emergency Supplemental Act, 2002 (contained in division 
    B of Public Law 107-117), including section 304 of such Act (115 
    Stat. 2300).
        (2) The 2002 Supplemental Appropriations Act for Further 
    Recovery From and Response To Terrorist Attacks on the United 
    States (Public Law 107-206), for such amounts as are designated by 
    Congress as an emergency requirement pursuant to section 
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
    Act of 1985 (2 U.S.C. 901(b)(2)(A)).
    (b) Ratification.--For purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure of 
those amounts deemed to have been specifically authorized by the Acts 
referred to in subsection (a) is hereby ratified and confirmed.

SEC. 106. ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FOR INTELLIGENCE 
              FOR THE WAR ON TERRORISM.

    (a) In General.--Subject to subsection (b), the amounts requested 
in the letter dated July 3, 2002, of the President to the Speaker of 
the House of Representatives, related to the Defense Emergency Response 
Fund and that are designated for the incremental costs of intelligence 
and intelligence-related activities for the war on terrorism are 
authorized.
    (b) Limitations.--The amounts referred to in subsection (a)--
        (1) are authorized only for activities directly related to 
    identifying, responding to, or protecting against acts or 
    threatened acts of terrorism;
        (2) are not authorized to correct programmatic or fiscal 
    deficiencies in major acquisition programs which will not achieve 
    initial operational capabilities within two years of the date of 
    the enactment of this Act; and
        (3) are not available until the end of the 10-day period that 
    begins on the date written notice is provided to the Select 
    Committee on Intelligence and the Committee on Appropriations of 
    the Senate and the Permanent Select Committee on Intelligence and 
    the Committee on Appropriations of the House of Representatives.

SEC. 107. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR 
              INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR 
              2003 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.

    Funds appropriated for an intelligence or intelligence-related 
activity for fiscal year 2003 in excess of the amount specified for 
such activity in the classified Schedule of Authorizations prepared to 
accompany this Act shall be deemed to be specifically authorized by 
Congress for purposes of section 504(a)(3) of the National Security Act 
of 1947 (50 U.S.C. 414(a)(3)).

SEC. 108. INCORPORATION OF REPORTING REQUIREMENTS.

    (a) In General.--Each requirement to submit a report to the 
congressional intelligence committees that is included in the joint 
explanatory statement to accompany the conference report on the bill 
H.R. 4628 of the One Hundred Seventh Congress, or in the classified 
annex to this Act, is hereby incorporated into this Act, and is hereby 
made a requirement in law.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

SEC. 109. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND 
              PLANS RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT 
              OF DEFENSE OR DEPARTMENT OF ENERGY.

    (a) Consultation in Preparation.--(1) The Director of Central 
Intelligence shall ensure that any report, review, study, or plan 
required to be prepared or conducted by a provision of this Act, 
including a provision of the classified Schedule of Authorizations 
referred to in section 102(a) or the classified annex to this Act, that 
involves the intelligence or intelligence-related activities of the 
Department of Defense or the Department of Energy is prepared or 
conducted in consultation with the Secretary of Defense or the 
Secretary of Energy, as appropriate.
    (2) The Secretary of Defense or the Secretary of Energy may carry 
out any consultation required by this subsection through an official of 
the Department of Defense or the Department of Energy, as the case may 
be, designated by such Secretary for that purpose.
    (b) Submittal.--Any report, review, study, or plan referred to in 
subsection (a) shall be submitted, in addition to any other committee 
of Congress specified for submittal in the provision concerned, to the 
following committees of Congress:
        (1) The Committees on Armed Services and Appropriations and the 
    Select Committee on Intelligence of the Senate.
        (2) The Committees on Armed Services and Appropriations and the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2003 the sum of 
$222,500,000.

                     TITLE III--GENERAL PROVISIONS
                Subtitle A--Recurring General Provisions

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of Congress that the Director of Central 
Intelligence should continue to direct that elements of the 
intelligence community, whenever compatible with the national security 
interests of the United States and consistent with operational and 
security concerns related to the conduct of intelligence activities, 
and where fiscally sound, should competitively award contracts in a 
manner that maximizes the procurement of products properly designated 
as having been made in the United States.

                        Subtitle B--Intelligence

SEC. 311. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET 
              AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERATION, 
              COUNTERNARCOTICS, AND COUNTERINTELLIGENCE.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.) is amended by adding at the end the following new 
section:


  ``specificity of national foreign intelligence program budget amounts 
   for counterterrorism, counterproliferation, counternarcotics, and 
                          counterintelligence

    ``Sec. 506. (a) In General.--The budget justification materials 
submitted to Congress in support of the budget of the President for a 
fiscal year that is submitted to Congress under section 1105(a) of 
title 31, United States Code, shall set forth separately the aggregate 
amount requested for that fiscal year for the National Foreign 
Intelligence Program for each of the following:
        ``(1) Counterterrorism.
        ``(2) Counterproliferation.
        ``(3) Counternarcotics.
        ``(4) Counterintelligence.
    ``(b) Election of Classified or Unclassified Form.--Amounts set 
forth under subsection (a) may be set forth in unclassified form or 
classified form, at the election of the Director of Central 
Intelligence.''.
    (b) Clerical Amendment.--The table of sections for that Act is 
amended by inserting after the item relating to section 505 the 
following new item:
``Sec. 506. Specificity of National Foreign Intelligence Program budget 
          amounts for counterterrorism, counterproliferation, 
          counternarcotics, and counterintelligence.''.

SEC. 312. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR INFORMATION 
              SUBMITTED BY FOREIGN GOVERNMENTS.

    Section 552(a)(3) of title 5, United States Code, is amended--
        (1) in subparagraph (A) by inserting ``and except as provided 
    in subparagraph (E),'' after ``of this subsection,''; and
        (2) by adding at the end the following:
    ``(E) An agency, or part of an agency, that is an element of the 
intelligence community (as that term is defined in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any 
record available under this paragraph to--
        ``(i) any government entity, other than a State, territory, 
    commonwealth, or district of the United States, or any subdivision 
    thereof; or
        ``(ii) a representative of a government entity described in 
    clause (i).''.

SEC. 313. NATIONAL VIRTUAL TRANSLATION CENTER.

    (a) Establishment.--The Director of Central Intelligence, acting as 
the head of the intelligence community, shall establish in the 
intelligence community an element with the function of connecting the 
elements of the intelligence community engaged in the acquisition, 
storage, translation, or analysis of voice or data in digital form.
    (b) Designation.--The element established under subsection (a) 
shall be known as the National Virtual Translation Center.
    (c) Administrative Matters.--(1) The Director shall retain direct 
supervision and control over the element established under subsection 
(a).
    (2) The element established under subsection (a) shall connect 
elements of the intelligence community utilizing the most current 
available information technology that is applicable to the function of 
the element.
    (d) Deadline for Establishment.--The element required by subsection 
(a) shall be established as soon as practicable after the date of the 
enactment of this Act, but not later than 90 days after that date.

                         Subtitle C--Personnel

SEC. 321. STANDARDS AND QUALIFICATIONS FOR THE PERFORMANCE OF 
              INTELLIGENCE ACTIVITIES.

    Section 104 of the National Security Act of 1947 (50 U.S.C. 403-4) 
is amended--
        (1) by redesignating subsection (g) as subsection (h); and
        (2) by inserting after subsection (f) the following new 
    subsection (g):
    ``(g) Standards and Qualifications for Performance of Intelligence 
Activities.--The Director, acting as the head of the intelligence 
community, shall, in consultation with the heads of effected agencies, 
develop standards and qualifications for persons engaged in the 
performance of intelligence activities within the intelligence 
community.''.

SEC. 322. MODIFICATION OF EXCEPTED AGENCY VOLUNTARY LEAVE TRANSFER 
              AUTHORITY.

    (a) In General.--Section 6339 of title 5, United States Code, is 
amended--
        (1) by striking subsection (b);
        (2) by redesignating subsection (c) as subsection (b); and
        (3) by inserting after subsection (b) (as so redesignated by 
    paragraph (2)) the following:
    ``(c)(1) Notwithstanding any provision of subsection (b), the head 
of an excepted agency may, at his sole discretion, by regulation 
establish a program under which an individual employed in or under such 
excepted agency may participate in a leave transfer program established 
under the provisions of this subchapter outside of this section, 
including provisions permitting the transfer of annual leave accrued or 
accumulated by such employee to, or permitting such employee to receive 
transferred leave from, an employee of any other agency (including 
another excepted agency having a program under this subsection).
    ``(2) To the extent practicable and consistent with the protection 
of intelligence sources and methods, any program established under 
paragraph (1) shall be consistent with the provisions of this 
subchapter outside of this section and with any regulations issued by 
the Office of Personnel Management implementing this subchapter.''.
    (b) Conforming Amendments.--Section 6339 of such title is amended--
        (1) in paragraph (2) of subsection (b) (as so redesignated by 
    subsection (a)(2)), by striking ``under this section'' and 
    inserting ``under this subsection''; and
        (2) in subsection (d), by striking ``of Personnel Management''.

SEC. 323. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF 
              INTELLIGENCE COMMUNITY AGENCIES.

    (a) Findings.--Congress finds the following:
        (1) The United States is engaged in a war against terrorism 
    that requires the active participation of the intelligence 
    community.
        (2) Certain intelligence agencies, among them the Federal 
    Bureau of Investigation and the Central Intelligence Agency, have 
    announced that they will be hiring several hundred new agents to 
    help conduct the war on terrorism.
        (3) Former Directors of the Federal Bureau of Investigation, 
    the Central Intelligence Agency, the National Security Agency, and 
    the Defense Intelligence Agency have stated that a more diverse 
    intelligence community would be better equipped to gather and 
    analyze information on diverse communities.
        (4) The Central Intelligence Agency and the National Security 
    Agency were authorized to establish an undergraduate training 
    program for the purpose of recruiting and training minority 
    operatives in 1987.
        (5) The Defense Intelligence Agency was authorized to establish 
    an undergraduate training program for the purpose of recruiting and 
    training minority operatives in 1988.
        (6) The National Imagery and Mapping Agency was authorized to 
    establish an undergraduate training program for the purpose of 
    recruiting and training minority operatives in 2000.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) the Director of the Federal Bureau of Investigation (with 
    respect to the intelligence and intelligence-related activities of 
    the Bureau), the Director of Central Intelligence, the Director of 
    the National Security Agency, and the Director of the Defense 
    Intelligence Agency should make the creation of a more diverse 
    workforce a priority in hiring decisions; and
        (2) the Director of Central Intelligence, the Director of the 
    National Security Agency, the Director of the Defense Intelligence 
    Agency, and the Director of the National Imagery and Mapping Agency 
    should increase their minority recruitment efforts through the 
    undergraduate training program provided for under law.

SEC. 324. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES 
              IN THE INTELLIGENCE COMMUNITY.

    Section 114 of the National Security Act of 1947 (50 U.S.C. 404i) 
is amended--
        (1) by redesignating subsection (c) as subsection (d); and
        (2) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Annual Report on Hiring and Retention of Minority 
Employees.--(1) The Director of Central Intelligence shall, on an 
annual basis, submit to Congress a report on the employment of covered 
persons within each element of the intelligence community for the 
preceding fiscal year.
    ``(2) Each such report shall include disaggregated data by category 
of covered person from each element of the intelligence community on 
the following:
        ``(A) Of all individuals employed in the element during the 
    fiscal year involved, the aggregate percentage of such individuals 
    who are covered persons.
        ``(B) Of all individuals employed in the element during the 
    fiscal year involved at the levels referred to in clauses (i) and 
    (ii), the percentage of covered persons employed at such levels:
            ``(i) Positions at levels 1 through 15 of the General 
        Schedule.
            ``(ii) Positions at levels above GS-15.
        ``(C) Of all individuals hired by the element involved during 
    the fiscal year involved, the percentage of such individuals who 
    are covered persons.
    ``(3) Each such report shall be submitted in unclassified form, but 
may contain a classified annex.
    ``(4) Nothing in this subsection shall be construed as providing 
for the substitution of any similar report required under another 
provision of law.
    ``(5) In this subsection, the term `covered persons' means--
        ``(A) racial and ethnic minorities;
        ``(B) women; and
        ``(C) individuals with disabilities.''.

SEC. 325. REPORT ON ESTABLISHMENT OF A CIVILIAN LINGUIST RESERVE CORPS.

    (a) Report.--The Secretary of Defense, acting through the Director 
of the National Security Education Program, shall prepare a report on 
the feasibility of establishing a Civilian Linguist Reserve Corps 
comprised of individuals with advanced levels of proficiency in foreign 
languages who are United States citizens who would be available upon a 
call of the President to perform such service or duties with respect to 
such foreign languages in the Federal Government as the President may 
specify. In preparing the report, the Secretary shall consult with such 
organizations having expertise in training in foreign languages as the 
Secretary determines appropriate.
    (b) Matters Considered.--
        (1) In general.--In conducting the study, the Secretary shall 
    develop a proposal for the structure and operations of the Civilian 
    Linguist Reserve Corps. The proposal shall establish requirements 
    for performance of duties and levels of proficiency in foreign 
    languages of the members of the Civilian Linguist Reserve Corps, 
    including maintenance of language skills and specific training 
    required for performance of duties as a linguist of the Federal 
    Government, and shall include recommendations on such other matters 
    as the Secretary determines appropriate.
        (2) Consideration of use of defense language institute and 
    language registries.--In developing the proposal under paragraph 
    (1), the Secretary shall consider the appropriateness of using--
            (A) the Defense Language Institute to conduct testing for 
        language skills proficiency and performance, and to provide 
        language refresher courses; and
            (B) foreign language skill registries of the Department of 
        Defense or of other agencies or departments of the United 
        States to identify individuals with sufficient proficiency in 
        foreign languages.
        (3) Consideration of the model of the reserve components of the 
    armed forces.--In developing the proposal under paragraph (1), the 
    Secretary shall consider the provisions of title 10, United States 
    Code, establishing and governing service in the Reserve Components 
    of the Armed Forces, as a model for the Civilian Linguist Reserve 
    Corps.
    (c) Completion of Report.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary shall submit to Congress 
the report prepared under subsection (a).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Defense $300,000 to carry out this 
section.

                         Subtitle D--Education

SEC. 331. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES 
              IN SCIENCE AND TECHNOLOGY.

    (a) Program Authorized.--The National Security Act of 1947 is 
amended--
        (1) by redesignating title X as title XI;
        (2) by redesignating section 1001 as section 1101; and
        (3) by inserting after title IX the following new title X:

        ``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE


    ``scholarships and work-study for pursuit of graduate degrees in 
                         science and technology

    ``Sec. 1001. (a) Program Authorized.--The Director of Central 
Intelligence may carry out a program to provide scholarships and work-
study for individuals who are pursuing graduate degrees in fields of 
study in science and technology that are identified by the Director as 
appropriate to meet the future needs of the intelligence community for 
qualified scientists and engineers.
    ``(b) Administration.--If the Director carries out the program 
under subsection (a), the Director shall administer the program through 
the Assistant Director of Central Intelligence for Administration.
    ``(c) Identification of Fields of Study.--If the Director carries 
out the program under subsection (a), the Director shall identify 
fields of study under subsection (a) in consultation with the other 
heads of the elements of the intelligence community.
    ``(d) Eligibility for Participation.--An individual eligible to 
participate in the program is any individual who--
        ``(1) either--
            ``(A) is an employee of the intelligence community; or
            ``(B) meets criteria for eligibility for employment in the 
        intelligence community that are established by the Director;
        ``(2) is accepted in a graduate degree program in a field of 
    study in science or technology identified under subsection (a); and
        ``(3) is eligible for a security clearance at the level of 
    Secret or above.
    ``(e) Regulations.--If the Director carries out the program under 
subsection (a), the Director shall prescribe regulations for purposes 
of the administration of this section.''.
    (b) Clerical Amendment.--The table of sections for the National 
Security Act of 1947 is amended by striking the items relating to title 
X and section 1001 and inserting the following new items:

        ``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

``Sec. 1001. Scholarships and work-study for pursuit of graduate degrees 
          in science and technology.

                      ``TITLE XI--OTHER PROVISIONS

``Sec. 1101. Applicability to United States intelligence activities of 
          Federal laws implementing international treaties and 
          agreements.''.

SEC. 332. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL SECURITY 
              EDUCATION PROGRAM AND THE FOREIGN LANGUAGE CENTER OF THE 
              DEFENSE LANGUAGE INSTITUTE.

    Section 802 of the David L. Boren National Security Education Act 
of 1991 (50 U.S.C. 1902) is amended by adding at the end the following 
new subsection:
    ``(h) Use of Awards To Attend the Foreign Language Center of the 
Defense Language Institute.--(1) The Secretary shall provide for the 
admission of award recipients to the Foreign Language Center of the 
Defense Language Institute (hereinafter in this subsection referred to 
as the `Center'). An award recipient may apply a portion of the 
applicable scholarship or fellowship award for instruction at the 
Center on a space-available basis as a Department of Defense sponsored 
program to defray the additive instructional costs.
    ``(2) Except as the Secretary determines necessary, an award 
recipient who receives instruction at the Center shall be subject to 
the same regulations with respect to attendance, discipline, discharge, 
and dismissal as apply to other persons attending the Center.
    ``(3) In this subsection, the term `award recipient' means an 
undergraduate student who has been awarded a scholarship under 
subsection (a)(1)(A) or a graduate student who has been awarded a 
fellowship under subsection (a)(1)(B) who--
        ``(A) is in good standing;
        ``(B) has completed all academic study in a foreign country, as 
    provided for under the scholarship or fellowship; and
        ``(C) would benefit from instruction provided at the Center.''.

SEC. 333. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE WITHIN 
              THE NATIONAL SECURITY EDUCATION PROGRAM.

    (a) National Flagship Language Initiative.--
        (1) Expansion of grant program authority.--Subsection (a)(1) of 
    section 802 of the David L. Boren National Security Education Act 
    of 1991 (50 U.S.C. 1902) is amended--
            (A) by striking ``and'' at the end of subparagraph (B)(ii);
            (B) by striking the period at the end of subparagraph (C) 
        and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
            ``(D) awarding grants to institutions of higher education 
        to carry out activities under the National Flagship Language 
        Initiative (described in subsection (i)).''.
        (2) Provisions of national flagship language initiative.--Such 
    section, as amended by section 332, is further amended by adding at 
    the end the following new subsection:
    ``(i) National Flagship Language Initiative.--(1) Under the 
National Flagship Language Initiative, institutions of higher education 
shall establish, operate, or improve activities designed to train 
students in programs in a range of disciplines to achieve advanced 
levels of proficiency in those foreign languages that the Secretary 
identifies as being the most critical in the interests of the national 
security of the United States.
    ``(2) An undergraduate student who has been awarded a scholarship 
under subsection (a)(1)(A) or a graduate student who has been awarded a 
fellowship under subsection (a)(1)(B) may participate in the activities 
carried out under the National Flagship Language Initiative.
    ``(3) An institution of higher education that receives a grant 
pursuant to subsection (a)(1)(D) shall give special consideration to 
applicants who are employees of the Federal Government.
    ``(4) For purposes of this subsection, the Foreign Language Center 
of the Defense Language Institute and any other educational institution 
that provides training in foreign languages operated by the Department 
of Defense or an agency in the intelligence community is deemed to be 
an institution of higher education, and may carry out the types of 
activities permitted under the National Flagship Language 
Initiative.''.
        (3) Inapplicability of funding allocation rules.--Subsection 
    (a)(2) of such section is amended by adding at the end the 
    following flush sentences:
    ``The funding allocation under this paragraph shall not apply to 
    grants under paragraph (1)(D) for the National Flagship Language 
    Initiative described in subsection (i). For the authorization of 
    appropriations for the National Flagship Language Initiative, see 
    section 811.''.
        (4) Board requirement.--Section 803(d)(4) of such Act (50 
    U.S.C. 1903(d)(4)) is amended--
            (A) by striking ``and'' at the end of subparagraph (C);
            (B) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
            ``(E) which foreign languages are critical to the national 
        security interests of the United States for purposes of section 
        802(a)(1)(D) (relating to grants for the National Flagship 
        Language Initiative).''.
    (b) Funding.--The David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the 
following new section:

``SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--In addition to amounts that may be made 
available to the Secretary under the Fund for a fiscal year, there is 
authorized to be appropriated to the Secretary for each fiscal year, 
beginning with fiscal year 2003, $10,000,000, to carry out the grant 
program for the National Flagship Language Initiative under section 
802(a)(1)(D).
    ``(b) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to the authorization of appropriations under subsection (a) 
shall remain available until expended.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date the Secretary of Defense submits the report required 
under section 334 of this Act and notifies the appropriate committees 
of Congress (as defined in subsection (c) of that section) that the 
programs carried out under the David L. Boren National Security 
Education Act of 1991 are being managed in a fiscally and 
programmatically sound manner.
    (d) Construction.--Nothing in this section shall be construed as 
affecting any program or project carried out under the David L. Boren 
National Security Education Act of 1991 as in effect on the date that 
precedes the date of the enactment of this Act.

SEC. 334. REPORT ON THE NATIONAL SECURITY EDUCATION PROGRAM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate committees of Congress a report on the matters described in 
subsection (b) with respect to the David L. Boren National Security 
Education Act of 1991 (50 U.S.C. 1901 et seq.).
    (b) Covered Matters.--The matters described in this subsection are 
as follows:
        (1) Effectiveness of program.--An evaluation of the National 
    Security Education Program, including an assessment of the 
    effectiveness of the program in meeting its goals and an assessment 
    of the administrative costs of the program in relation to the 
    amounts of scholarships, fellowships, and grants awarded.
        (2) Conversion of funding.--An assessment of the advisability 
    of converting funding of the National Security Education Program 
    from funding through the National Security Education Trust Fund 
    under section 804 of that Act (50 U.S.C. 1904) to funding through 
    appropriations.
        (3) Recommendations.--On any matter covered by paragraph (1) or 
    (2), such recommendations for legislation with respect to such 
    matter as the Secretary considers appropriate.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
        (1) the Select Committee on Intelligence and the Committees on 
    Armed Services and Appropriations of the Senate; and
        (2) the Permanent Select Committee on Intelligence and the 
    Committees on Armed Services and Appropriations of the House of 
    Representatives.

                         Subtitle E--Terrorism

SEC. 341. FOREIGN TERRORIST ASSET TRACKING CENTER.

    (a) Establishment.--The Director of Central Intelligence, acting as 
the head of the intelligence community, shall establish in the Central 
Intelligence Agency an element responsible for conducting all-source 
intelligence analysis of information relating to the financial 
capabilities, practices, and activities of individuals, groups, and 
nations associated with international terrorism in their activities 
relating to international terrorism.
    (b) Designation.--The element established under subsection (a) 
shall be known as the Foreign Terrorist Asset Tracking Center.
    (c) Deadline for Establishment.--The element required by subsection 
(a) shall be established as soon as practicable after the date of the 
enactment of this Act, but not later than 90 days after that date.

SEC. 342. SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST 
              ASSETS (FITA).

    (a) Semiannual Report.--
        (1) In general.--Title I of the National Security Act of 1947 
    (50 U.S.C. 402 et seq.) is amended by adding at the end the 
    following new section:


    ``semiannual report on financial intelligence on terrorist assets

    ``Sec. 118. (a) Semiannual Report.--On a semiannual basis, the 
Secretary of the Treasury (acting through the head of the Office of 
Intelligence Support) shall submit a report to the appropriate 
congressional committees that fully informs the committees concerning 
operations against terrorist financial networks. Each such report shall 
include with respect to the preceding six-month period--
        ``(1) the total number of asset seizures, designations, and 
    other actions against individuals or entities found to have engaged 
    in financial support of terrorism;
        ``(2) the total number of applications for asset seizure and 
    designations of individuals or entities suspected of having engaged 
    in financial support of terrorist activities that were granted, 
    modified, or denied;
        ``(3) the total number of physical searches of offices, 
    residences, or financial records of individuals or entities 
    suspected of having engaged in financial support for terrorist 
    activity; and
        ``(4) whether the financial intelligence information seized in 
    these cases has been shared on a full and timely basis with the all 
    departments, agencies, and other entities of the United States 
    Government involved in intelligence activities participating in the 
    Foreign Terrorist Asset Tracking Center.
    ``(b) Immediate Notification for Emergency Designation.--In the 
case of a designation of an individual or entity, or the assets of an 
individual or entity, as having been found to have engaged in terrorist 
activities, the Secretary of the Treasury shall report such designation 
within 24 hours of such a designation to the appropriate congressional 
committees.
    ``(c) Submittal Date of Reports to Congressional Intelligence 
Committees.--In the case of the reports required to be submitted under 
subsection (a) to the congressional intelligence committees, the 
submittal dates for such reports shall be as provided in section 507.
    ``(d) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means the 
following:
        ``(1) The Permanent Select Committee on Intelligence, the 
    Committee on Appropriations, and the Committee on Financial 
    Services of the House of Representatives.
        ``(2) The Select Committee on Intelligence, the Committee on 
    Appropriations, and the Committee on Banking, Housing, and Urban 
    Affairs of the Senate.''.
        (2) Clerical amendment.--The table of contents contained in the 
    first section of such Act is amended by inserting after the item 
    relating to section 117 the following new item:

``Sec. 118. Semiannual report on financial intelligence on terrorist 
          assets.''.

    (b) Conforming Amendment.--Section 501(f) of the National Security 
Act of 1947 (50 U.S.C. 413(f)) is amended by inserting before the 
period the following: ``, and includes financial intelligence 
activities''.

SEC. 343. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.

    (a) Requirement.--(1) The Director of Central Intelligence, acting 
as head of the Intelligence Community, shall--
        (A) establish and maintain a list of individuals who are known 
    or suspected international terrorists, and of organizations that 
    are known or suspected international terrorist organizations; and
        (B) ensure that pertinent information on the list is shared 
    with the departments, agencies, and organizations described by 
    subsection (c).
    (2) The list under paragraph (1), and the mechanisms for sharing 
information on the list, shall be known as the ``Terrorist 
Identification Classification System''.
    (b) Administration.--(1) The Director shall prescribe requirements 
for the inclusion of an individual or organization on the list required 
by subsection (a), and for the deletion or omission from the list of an 
individual or organization currently on the list.
    (2) The Director shall ensure that the information utilized to 
determine the inclusion, or deletion or omission, of an individual or 
organization on or from the list is derived from all-source 
intelligence.
    (3) The Director shall ensure that the list is maintained in 
accordance with existing law and regulations governing the collection, 
storage, and dissemination of intelligence concerning United States 
persons.
    (c) Information Sharing.--Subject to section 103(c)(6) of the 
National Security Act of 1947 (50 U.S.C. 403-3(c)(6)), relating to the 
protection of intelligence sources and methods, the Director shall 
provide for the sharing of the list, and information on the list, with 
such departments and agencies of the Federal Government, State and 
local government agencies, and entities of foreign governments and 
international organizations as the Director considers appropriate.
    (d) Reporting and Certification.--(1) The Director shall review on 
an annual basis the information provided by various departments and 
agencies for purposes of the list under subsection (a) in order to 
determine whether or not the information so provided is derived from 
the widest possible range of intelligence available to such departments 
and agencies.
    (2) The Director shall, as a result of each review under paragraph 
(1), certify whether or not the elements of the intelligence community 
responsible for the collection of intelligence related to the list have 
provided information for purposes of the list that is derived from the 
widest possible range of intelligence available to such department and 
agencies.
    (e) Report on Criteria for Information Sharing.--(1) Not later then 
March 1, 2003, the Director shall submit to the congressional 
intelligence committees a report describing the criteria used to 
determine which types of information on the list required by subsection 
(a) are to be shared, and which types of information are not to be 
shared, with various departments and agencies of the Federal 
Government, State and local government agencies, and entities of 
foreign governments and international organizations.
    (2) The report shall include a description of the circumstances in 
which the Director has determined that sharing information on the list 
with the departments and agencies of the Federal Government, and of 
State and local governments, described by subsection (c) would be 
inappropriate due to the concerns addressed by section 103(c)(6) of the 
National Security Act of 1947, relating to the protection of sources 
and methods, and any instance in which the sharing of information on 
the list has been inappropriate in light of such concerns.
    (f) System Administration Requirements.--(1) The Director shall, to 
the maximum extent practicable, ensure the interoperability of the 
Terrorist Identification Classification System with relevant 
information systems of the departments and agencies of the Federal 
Government, and of State and local governments, described by subsection 
(c).
    (2) The Director shall ensure that the System utilizes technologies 
that are effective in aiding the identification of individuals in the 
field.
    (g) Report on Status of System.--(1) Not later than one year after 
the date of the enactment of this Act, the Director shall, in 
consultation with the Director of Homeland Security, submit to the 
congressional intelligence committees a report on the status of the 
Terrorist Identification Classification System. The report shall 
contain a certification on the following:
        (A) Whether the System contains the intelligence information 
    necessary to facilitate the contribution of the System to the 
    domestic security of the United States.
        (B) Whether the departments and agencies having access to the 
    System have access in a manner that permits such departments and 
    agencies to carry out appropriately their domestic security 
    responsibilities.
        (C) Whether the System is operating in a manner that maximizes 
    its contribution to the domestic security of the United States.
        (D) If a certification under subparagraph (A), (B), or (C) is 
    in the negative, the modifications or enhancements of the System 
    necessary to ensure a future certification in the positive.
    (2) The report shall be submitted in unclassified form, but may 
include a classified annex.
    (h) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

                       Subtitle F--Other Matters

SEC. 351. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION OF 
              DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.

    Section 311 of the Intelligence Authorization Act for Fiscal Year 
2002 (Public Law 107-108; 22 U.S.C. 7301 note; 115 Stat. 1401) is 
amended--
        (1) in the heading, by striking ``ONE-YEAR'' and inserting 
    ``TWO-YEAR''; and
        (2) in the text, by striking ``October 1, 2002'' and inserting 
    ``October 1, 2003''.

SEC. 352. STANDARDIZED TRANSLITERATION OF NAMES INTO THE ROMAN 
              ALPHABET.

    (a) Method of Transliteration Required.--Not later than 180 days 
after the date of the enactment of this Act, the Director of Central 
Intelligence shall provide for a standardized method for 
transliterating into the Roman alphabet personal and place names 
originally rendered in any language that uses an alphabet other than 
the Roman alphabet.
    (b) Use by Intelligence Community.--The Director shall ensure the 
use of the method established under subsection (a) in--
        (1) all communications among the elements of the intelligence 
    community; and
        (2) all intelligence products of the intelligence community.

SEC. 353. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES IN 
              NATIONAL SECURITY ACT OF 1947.

    (a) In General.--Section 3 of the National Security Act of 1947 (50 
U.S.C. 401a) is amended by adding at the end the following new 
paragraph:
        ``(7) The term `congressional intelligence committees' means--
            ``(A) the Select Committee on Intelligence of the Senate; 
        and
            ``(B) the Permanent Select Committee on Intelligence of the 
        House of Representatives.''.
    (b) Conforming Amendments.--(1) That Act is further amended by 
striking ``Select Committee on Intelligence of the Senate and the 
Permanent Select Committee on Intelligence of the House of 
Representatives'' and inserting ``congressional intelligence 
committees'' in each of the following provisions:
        (A) Section 104(d)(4) (50 U.S.C. 403-4(d)(4)).
        (B) Section 603(a) (50 U.S.C. 423(a)).
    (2) That Act is further amended by striking ``Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate'' and inserting 
``congressional intelligence committees'' in each of the following 
provisions:
        (A) Section 301(j) (50 U.S.C. 409a(j)).
        (B) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
        (C) Section 903 (50 U.S.C. 441b).
    (3) That Act is further amended by striking ``intelligence 
committees'' and inserting ``congressional intelligence committees'' 
each place it appears in each of the following provisions:
        (A) Section 501 (50 U.S.C. 413).
        (B) Section 502 (50 U.S.C. 413a).
        (C) Section 503 (50 U.S.C. 413b).
        (D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
    (4) Section 104(d)(5) of that Act (50 U.S.C. 403-4(d)(5)) is 
amended by striking ``Select Committee on Intelligence of the Senate 
and to the Permanent Select Committee on Intelligence of the House of 
Representatives'' and inserting ``congressional intelligence 
committees''.
    (5) Section 105C(a)(3)(C) of that Act (50 U.S.C. 403-5c(a)(3)(C)) 
is amended--
        (A) by striking clauses (i) and (ii) and inserting the 
    following new clause (i):
            ``(i) The congressional intelligence committees.''; and
        (B) by redesignating clauses (iii), (iv), (v), and (vi) as 
    clauses (ii), (iii), (iv), and (v), respectively.
    (6) Section 114 of that Act (50 U.S.C. 404i), as amended by section 
324, is amended by striking subsection (d), as so redesignated, and 
inserting the following new subsection (d):
    ``(d) Congressional Leadership Defined.--In this section, the term 
`congressional leadership' means the Speaker and the minority leader of 
the House of Representatives and the majority leader and the minority 
leader of the Senate.''.
    (7) Section 501(a) of that Act (50 U.S.C. 413(a)), as amended by 
paragraph (3) of this subsection, is further amended--
        (A) by striking paragraph (2); and
        (B) by redesignating paragraph (3) as paragraph (2).
    (8) Section 503(c)(4) of that Act (50 U.S.C. 413b(c)(4)) is amended 
by striking ``intelligence committee'' and inserting ``congressional 
intelligence committee''.
    (9) Section 602(c) of that Act (50 U.S.C. 422(c)) is amended by 
striking ``the Select Committee on Intelligence of the Senate or to the 
Permanent Select Committee on Intelligence of the House of 
Representatives'' and inserting ``either congressional intelligence 
committee''.
    (10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended 
by striking ``intelligence committees of the Congress'' and inserting 
``congressional intelligence committees''.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY 
              SEPARATION PAY ACT.

    Section 2 of the Central Intelligence Agency Voluntary Separation 
Pay Act (50 U.S.C. 403-4 note) is amended--
        (1) in subsection (f), by striking ``September 30, 2003'' and 
    inserting ``September 30, 2005''; and
        (2) in subsection (i), by striking ``or 2003'' and inserting 
    ``2003, 2004, or 2005''.

SEC. 402. IMPLEMENTATION OF COMPENSATION REFORM PLAN.

    (a) Delay on Implementation on Compensation Reform Plan.--(1) The 
Director of Central Intelligence may not implement before the 
implementation date (described in paragraph (2)) a plan for the 
compensation of employees of the Central Intelligence Agency that 
differs from the plan in effect on October 1, 2002.
    (2) The implementation date referred to in paragraph (1) is 
February 1, 2004, or the date on which the Director submits to the 
congressional intelligence committees a report on the pilot project 
conducted under subsection (b), whichever is later.
    (3) It is the sense of Congress that an employee performance 
evaluation mechanism with evaluation training for managers and 
employees of the Central Intelligence Agency should be phased in before 
the implementation of any new compensation plan.
    (b) Pilot Project.--(1) The Director shall conduct a pilot project 
to test the efficacy and fairness of a plan for the compensation of 
employees of the Central Intelligence Agency that differs from the plan 
in effect on October 1, 2002, within any one component of the Central 
Intelligence Agency selected by the Director, other than a component 
for which a pilot project on employee compensation has been previously 
conducted.
    (2) The pilot project under paragraph (1) shall be conducted for a 
period of at least 1 year.
    (3) Not later than the date that is 45 days after the completion of 
the pilot project under paragraph (1), the Director shall submit to the 
congressional intelligence committees a report that contains an 
evaluation of the project and such recommendations as the Director 
considers appropriate for the modification of the plans for the 
compensation of employees throughout the Agency which are in effect on 
such date.
    (c) Sense of Congress on Implementation of Compensation Reform Plan 
for the National Security Agency.--It is the sense of Congress that--
        (1) the Director of the National Security Agency should not 
    implement before February 1, 2004, a plan for the compensation of 
    employees of the National Security Agency that differs from the 
    plan in effect on October 1, 2002; and
        (2) an employee performance evaluation mechanism with 
    evaluation training for managers and employees of the National 
    Security Agency should be phased in before the implementation of 
    any new compensation plan.
    (d) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means the 
Select Committee on Intelligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Representatives.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES 
              FOR COLOMBIA.

    (a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for 
counterdrug activities for fiscal years 2002 and 2003, and any 
unobligated funds available to any element of the intelligence 
community for such activities for a prior fiscal year, shall be 
available to support a unified campaign against narcotics trafficking 
and against activities by organizations designated as terrorist 
organizations (such as the Revolutionary Armed Forces of Colombia 
(FARC), the National Liberation Army (ELN), and the United Self-Defense 
Forces of Colombia (AUC)), and to take actions to protect human health 
and welfare in emergency circumstances, including undertaking rescue 
operations.
    (b) Requirement for Certification.--(1) The authorities provided in 
subsection (a) shall not be exercised until the Secretary of Defense 
certifies to the Congress that the provisions of paragraph (2) have 
been complied with.
    (2) In order to ensure the effectiveness of United States support 
for such a unified campaign, prior to the exercise of the authority 
contained in subsection (a), the Secretary of State shall report to the 
appropriate committees of Congress that the newly elected President of 
Colombia has--
            (A) committed, in writing, to establish comprehensive 
        policies to combat illicit drug cultivation, manufacturing, and 
        trafficking (particularly with respect to providing economic 
        opportunities that offer viable alternatives to illicit crops) 
        and to restore government authority and respect for human 
        rights in areas under the effective control of paramilitary and 
        guerrilla organizations;
            (B) committed, in writing, to implement significant 
        budgetary and personnel reforms of the Colombian Armed Forces; 
        and
            (C) committed, in writing, to support substantial 
        additional Colombian financial and other resources to implement 
        such policies and reforms, particularly to meet the country's 
        previous commitments under ``Plan Colombia''.
In this paragraph, the term ``appropriate committees of Congress'' 
means the Permanent Select Committee on Intelligence and the Committees 
on Appropriations and Armed Services of the House of Representatives 
and the Select Committee on Intelligence and the Committees on 
Appropriations and Armed Services of the Senate.
    (c) Termination of Authority.--The authority provided in subsection 
(a) shall cease to be effective if the Secretary of Defense has 
credible evidence that the Colombian Armed Forces are not conducting 
vigorous operations to restore government authority and respect for 
human rights in areas under the effective control of paramilitary and 
guerrilla organizations.
    (d) Application of Certain Provisions of Law.--Sections 556, 567, 
and 568 of Public Law 107-115, section 8093 of the Department of 
Defense Appropriations Act, 2002, and the numerical limitations on the 
number of United States military personnel and United States individual 
civilian contractors in section 3204(b)(1) of Public Law 106-246 shall 
be applicable to funds made available pursuant to the authority 
contained in subsection (a).
    (e) Limitation on Participation of United States Personnel.--No 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available under this 
section, except for the purpose of acting in self defense or rescuing 
any United States citizen to include United States Armed Forces 
personnel, United States civilian employees, and civilian contractors 
employed by the United States.

SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
              RECONNAISSANCE OFFICE.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by inserting after section 105C (50 
U.S.C. 403-5c) the following new section:


    ``protection of operational files of the national reconnaissance 
                                 office

    ``Sec. 105D. (a) Exemption of Certain Operational Files From 
Search, Review, Publication, or Disclosure.--(1) The Director of the 
National Reconnaissance Office, with the coordination of the Director 
of Central Intelligence, may exempt operational files of the National 
Reconnaissance Office from the provisions of section 552 of title 5, 
United States Code, which require publication, disclosure, search, or 
review in connection therewith.
    ``(2)(A) Subject to subparagraph (B), for the purposes of this 
section, the term `operational files' means files of the National 
Reconnaissance Office (hereafter in this section referred to as `NRO') 
that document the means by which foreign intelligence or 
counterintelligence is collected through scientific and technical 
systems.
    ``(B) Files which are the sole repository of disseminated 
intelligence are not operational files.
    ``(3) Notwithstanding paragraph (1), exempted operational files 
shall continue to be subject to search and review for information 
concerning--
        ``(A) United States citizens or aliens lawfully admitted for 
    permanent residence who have requested information on themselves 
    pursuant to the provisions of section 552 or 552a of title 5, 
    United States Code;
        ``(B) any special activity the existence of which is not exempt 
    from disclosure under the provisions of section 552 of title 5, 
    United States Code; or
        ``(C) the specific subject matter of an investigation by any of 
    the following for any impropriety, or violation of law, Executive 
    order, or Presidential directive, in the conduct of an intelligence 
    activity:
            ``(i) The Permanent Select Committee on Intelligence of the 
        House of Representatives.
            ``(ii) The Select Committee on Intelligence of the Senate.
            ``(iii) The Intelligence Oversight Board.
            ``(iv) The Department of Justice.
            ``(v) The Office of General Counsel of NRO.
            ``(vi) The Office of the Director of NRO.
    ``(4)(A) Files that are not exempted under paragraph (1) which 
contain information derived or disseminated from exempted operational 
files shall be subject to search and review.
    ``(B) The inclusion of information from exempted operational files 
in files that are not exempted under paragraph (1) shall not affect the 
exemption under paragraph (1) of the originating operational files from 
search, review, publication, or disclosure.
    ``(C) The declassification of some of the information contained in 
exempted operational files shall not affect the status of the 
operational file as being exempt from search, review, publication, or 
disclosure.
    ``(D) Records from exempted operational files which have been 
disseminated to and referenced in files that are not exempted under 
paragraph (1) and which have been returned to exempted operational 
files for sole retention shall be subject to search and review.
    ``(5) The provisions of paragraph (1) may not be superseded except 
by a provision of law which is enacted after the date of the enactment 
of this section, and which specifically cites and repeals or modifies 
its provisions.
    ``(6)(A) Except as provided in subparagraph (B), whenever any 
person who has requested agency records under section 552 of title 5, 
United States Code, alleges that NRO has withheld records improperly 
because of failure to comply with any provision of this section, 
judicial review shall be available under the terms set forth in section 
552(a)(4)(B) of title 5, United States Code.
    ``(B) Judicial review shall not be available in the manner provided 
for under subparagraph (A) as follows:
        ``(i) In any case in which information specifically authorized 
    under criteria established by an Executive order to be kept secret 
    in the interests of national defense or foreign relations is filed 
    with, or produced for, the court by NRO, such information shall be 
    examined ex parte, in camera by the court.
        ``(ii) The court shall, to the fullest extent practicable, 
    determine the issues of fact based on sworn written submissions of 
    the parties.
        ``(iii) When a complainant alleges that requested records are 
    improperly withheld because of improper placement solely in 
    exempted operational files, the complainant shall support such 
    allegation with a sworn written submission based upon personal 
    knowledge or otherwise admissible evidence.
        ``(iv)(I) When a complainant alleges that requested records 
    were improperly withheld because of improper exemption of 
    operational files, NRO shall meet its burden under section 
    552(a)(4)(B) of title 5, United States Code, by demonstrating to 
    the court by sworn written submission that exempted operational 
    files likely to contain responsible records currently perform the 
    functions set forth in paragraph (2).
        ``(II) The court may not order NRO to review the content of any 
    exempted operational file or files in order to make the 
    demonstration required under subclause (I), unless the complainant 
    disputes NRO's showing with a sworn written submission based on 
    personal knowledge or otherwise admissible evidence.
        ``(v) In proceedings under clauses (iii) and (iv), the parties 
    may not obtain discovery pursuant to rules 26 through 36 of the 
    Federal Rules of Civil Procedure, except that requests for 
    admissions may be made pursuant to rules 26 and 36.
        ``(vi) If the court finds under this paragraph that NRO has 
    improperly withheld requested records because of failure to comply 
    with any provision of this subsection, the court shall order NRO to 
    search and review the appropriate exempted operational file or 
    files for the requested records and make such records, or portions 
    thereof, available in accordance with the provisions of section 552 
    of title 5, United States Code, and such order shall be the 
    exclusive remedy for failure to comply with this subsection.
        ``(vii) If at any time following the filing of a complaint 
    pursuant to this paragraph NRO agrees to search the appropriate 
    exempted operational file or files for the requested records, the 
    court shall dismiss the claim based upon such complaint.
        ``(viii) Any information filed with, or produced for the court 
    pursuant to clauses (i) and (iv) shall be coordinated with the 
    Director of Central Intelligence prior to submission to the court.
    ``(b) Decennial Review of Exempted Operational Files.--(1) Not less 
than once every 10 years, the Director of the National Reconnaissance 
Office and the Director of Central Intelligence shall review the 
exemptions in force under subsection (a)(1) to determine whether such 
exemptions may be removed from the category of exempted files or any 
portion thereof. The Director of Central Intelligence must approve any 
determination to remove such exemptions.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of the particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant that alleges that NRO has improperly withheld 
records because of failure to comply with this subsection may seek 
judicial review in the district court of the United States of the 
district in which any of the parties reside, or in the District of 
Columbia. In such a proceeding, the court's review shall be limited to 
determining the following:
        ``(A) Whether NRO has conducted the review required by 
    paragraph (1) before the expiration of the 10-year period beginning 
    on the date of the enactment of this section or before the 
    expiration of the 10-year period beginning on the date of the most 
    recent review.
        ``(B) Whether NRO, in fact, considered the criteria set forth 
    in paragraph (2) in conducting the required review.''.
    (b) Clerical Amendment.--The table of sections for that Act is 
amended by inserting after the item relating to section 105C the 
following new item:
``Sec. 105D. Protection of operational files of the National 
          Reconnaissance Office.''.

SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR LEVEL 
              POSITIONS FOR PRESIDENTIAL RANK AWARDS.

    Section 1607 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Award of Rank to Employees in Intelligence Senior Level 
Positions.--The President, based on the recommendations of the 
Secretary of Defense, may award a rank referred to in section 4507a of 
title 5 to employees in Intelligence Senior Level positions designated 
under subsection (a). The award of such rank shall be made in a manner 
consistent with the provisions of that section.''.

  TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                 STATES

SEC. 601. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on Terrorist Attacks Upon the United States (in this title 
referred to as the ``Commission'').

SEC. 602. PURPOSES.

    The purposes of the Commission are to--
        (1) examine and report upon the facts and causes relating to 
    the terrorist attacks of September 11, 2001, occurring at the World 
    Trade Center in New York, New York, in Somerset County, 
    Pennsylvania, and at the Pentagon in Virginia;
        (2) ascertain, evaluate, and report on the evidence developed 
    by all relevant governmental agencies regarding the facts and 
    circumstances surrounding the attacks;
        (3) build upon the investigations of other entities, and avoid 
    unnecessary duplication, by reviewing the findings, conclusions, 
    and recommendations of--
            (A) the Joint Inquiry of the Select Committee on 
        Intelligence of the Senate and the Permanent Select Committee 
        on Intelligence of the House of Representatives regarding the 
        terrorist attacks of September 11, 2001, (hereinafter in this 
        title referred to as the ``Joint Inquiry''); and
            (B) other executive branch, congressional, or independent 
        commission investigations into the terrorist attacks of 
        September 11, 2001, other terrorist attacks, and terrorism 
        generally;
        (4) make a full and complete accounting of the circumstances 
    surrounding the attacks, and the extent of the United States' 
    preparedness for, and immediate response to, the attacks; and
        (5) investigate and report to the President and Congress on its 
    findings, conclusions, and recommendations for corrective measures 
    that can be taken to prevent acts of terrorism.

SEC. 603. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
        (1) 1 member shall be appointed by the President, who shall 
    serve as chairman of the Commission;
        (2) 1 member shall be appointed by the leader of the Senate 
    (majority or minority leader, as the case may be) of the Democratic 
    Party, in consultation with the leader of the House of 
    Representatives (majority or minority leader, as the case may be) 
    of the Democratic Party, who shall serve as vice chairman of the 
    Commission;
        (3) 2 members shall be appointed by the senior member of the 
    Senate leadership of the Democratic Party;
        (4) 2 members shall be appointed by the senior member of the 
    leadership of the House of Representatives of the Republican Party;
        (5) 2 members shall be appointed by the senior member of the 
    Senate leadership of the Republican Party; and
        (6) 2 members shall be appointed by the senior member of the 
    leadership of the House of Representatives of the Democratic Party.
    (b) Qualifications; Initial Meeting.--
        (1) Political party affiliation.--Not more than 5 members of 
    the Commission shall be from the same political party.
        (2) Nongovernmental appointees.--An individual appointed to the 
    Commission may not be an officer or employee of the Federal 
    Government or any State or local government.
        (3) Other qualifications.--It is the sense of Congress that 
    individuals appointed to the Commission should be prominent United 
    States citizens, with national recognition and significant depth of 
    experience in such professions as governmental service, law 
    enforcement, the armed services, law, public administration, 
    intelligence gathering, commerce (including aviation matters), and 
    foreign affairs.
        (4) Deadline for appointment.--All members of the Commission 
    shall be appointed on or before December 15, 2002.
        (5) Initial meeting.--The Commission shall meet and begin the 
    operations of the Commission as soon as practicable.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairman or a majority of its members. 
Six members of the Commission shall constitute a quorum. Any vacancy in 
the Commission shall not affect its powers, but shall be filled in the 
same manner in which the original appointment was made.

SEC. 604. FUNCTIONS OF COMMISSION.

    (a) In General.--The functions of the Commission are to--
        (1) conduct an investigation that--
            (A) investigates relevant facts and circumstances relating 
        to the terrorist attacks of September 11, 2001, including any 
        relevant legislation, Executive order, regulation, plan, 
        policy, practice, or procedure; and
            (B) may include relevant facts and circumstances relating 
        to--
                (i) intelligence agencies;
                (ii) law enforcement agencies;
                (iii) diplomacy;
                (iv) immigration, nonimmigrant visas, and border 
            control;
                (v) the flow of assets to terrorist organizations;
                (vi) commercial aviation;
                (vii) the role of congressional oversight and resource 
            allocation; and
                (viii) other areas of the public and private sectors 
            determined relevant by the Commission for its inquiry;
        (2) identify, review, and evaluate the lessons learned from the 
    terrorist attacks of September 11, 2001, regarding the structure, 
    coordination, management policies, and procedures of the Federal 
    Government, and, if appropriate, State and local governments and 
    nongovernmental entities, relative to detecting, preventing, and 
    responding to such terrorist attacks; and
        (3) submit to the President and Congress such reports as are 
    required by this title containing such findings, conclusions, and 
    recommendations as the Commission shall determine, including 
    proposing organization, coordination, planning, management 
    arrangements, procedures, rules, and regulations.
    (b) Relationship to Intelligence Committees' Inquiry.--When 
investigating facts and circumstances relating to the intelligence 
community, the Commission shall--
        (1) first review the information compiled by, and the findings, 
    conclusions, and recommendations of, the Joint Inquiry; and
        (2) after that review pursue any appropriate area of inquiry if 
    the Commission determines that--
            (A) the Joint Inquiry had not investigated that area;
            (B) the Joint Inquiry's investigation of that area had not 
        been complete; or
            (C) new information not reviewed by the Joint Inquiry had 
        become available with respect to that area.

SEC. 605. POWERS OF COMMISSION.

    (a) In General.--
        (1) Hearings and evidence.--The Commission or, on the authority 
    of the Commission, any subcommittee or member thereof, may, for the 
    purpose of carrying out this title--
            (A) hold such hearings and sit and act at such times and 
        places, take such testimony, receive such evidence, administer 
        such oaths; and
            (B) subject to paragraph (2)(A), require, by subpoena or 
        otherwise, the attendance and testimony of such witnesses and 
        the production of such books, records, correspondence, 
        memoranda, papers, and documents, as the Commission or such 
        designated subcommittee or designated member may determine 
        advisable.
        (2) Subpoenas.--
            (A) Issuance.--
                (i) In general.--A subpoena may be issued under this 
            subsection only--

                    (I) by the agreement of the chairman and the vice 
                chairman; or
                    (II) by the affirmative vote of 6 members of the 
                Commission.

                (ii) Signature.--Subject to clause (i), subpoenas 
            issued under this subsection may be issued under the 
            signature of the chairman or any member designated by a 
            majority of the Commission, and may be served by any person 
            designated by the chairman or by a member designated by a 
            majority of the Commission.
            (B) Enforcement.--
                (i) In general.--In the case of contumacy or failure to 
            obey a subpoena issued under subsection (a), the United 
            States district court for the judicial district in which 
            the subpoenaed person resides, is served, or may be found, 
            or where the subpoena is returnable, may issue an order 
            requiring such person to appear at any designated place to 
            testify or to produce documentary or other evidence. Any 
            failure to obey the order of the court may be punished by 
            the court as a contempt of that court.
                (ii) Additional enforcement.--In the case of any 
            failure of any witness to comply with any subpoena or to 
            testify when summoned under authority of this section, the 
            Commission may, by majority vote, certify a statement of 
            fact constituting such failure to the appropriate United 
            States attorney, who may bring the matter before the grand 
            jury for its action, under the same statutory authority and 
            procedures as if the United States attorney had received a 
            certification under sections 102 through 104 of the Revised 
            Statutes of the United States (2 U.S.C. 192 through 194).
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this title.
    (c) Information From Federal Agencies.--
        (1) In general.--The Commission is authorized to secure 
    directly from any executive department, bureau, agency, board, 
    commission, office, independent establishment, or instrumentality 
    of the Government, information, suggestions, estimates, and 
    statistics for the purposes of this title. Each department, bureau, 
    agency, board, commission, office, independent establishment, or 
    instrumentality shall, to the extent authorized by law, furnish 
    such information, suggestions, estimates, and statistics directly 
    to the Commission, upon request made by the chairman, the chairman 
    of any subcommittee created by a majority of the Commission, or any 
    member designated by a majority of the Commission.
        (2) Receipt, handling, storage, and dissemination.--Information 
    shall only be received, handled, stored, and disseminated by 
    members of the Commission and its staff consistent with all 
    applicable statutes, regulations, and Executive orders.
    (d) Assistance From Federal Agencies.--
        (1) General services administration.--The Administrator of 
    General Services shall provide to the Commission on a reimbursable 
    basis administrative support and other services for the performance 
    of the Commission's functions.
        (2) Other departments and agencies.--In addition to the 
    assistance prescribed in paragraph (1), departments and agencies of 
    the United States may provide to the Commission such services, 
    funds, facilities, staff, and other support services as they may 
    determine advisable and as may be authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 606. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
        (1) hold public hearings and meetings to the extent 
    appropriate; and
        (2) release public versions of the reports required under 
    section 610(a) and (b).
    (c) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.

SEC. 607. STAFF OF COMMISSION.

    (a) In General.--
        (1) Appointment and compensation.--The chairman, in 
    consultation with vice chairman, in accordance with rules agreed 
    upon by the Commission, may appoint and fix the compensation of a 
    staff director and such other personnel as may be necessary to 
    enable the Commission to carry out its functions, without regard to 
    the provisions of title 5, United States Code, governing 
    appointments in the competitive service, and without regard to the 
    provisions of chapter 51 and subchapter III of chapter 53 of such 
    title relating to classification and General Schedule pay rates, 
    except that no rate of pay fixed under this subsection may exceed 
    the equivalent of that payable for a position at level V of the 
    Executive Schedule under section 5316 of title 5, United States 
    Code.
        (2) Personnel as federal employees.--
            (A) In general.--The executive director and any personnel 
        of the Commission who are employees shall be employees under 
        section 2105 of title 5, United States Code, for purposes of 
        chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
            (B) Members of commission.--Subparagraph (A) shall not be 
        construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 608. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the duties of the 
Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this title without the appropriate security clearances.

SEC. 610. REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (b) Final Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (c) Termination.--
        (1) In general.--The Commission, and all the authorities of 
    this title, shall terminate 60 days after the date on which the 
    final report is submitted under subsection (b).
        (2) Administrative activities before termination.--The 
    Commission may use the 60-day period referred to in paragraph (1) 
    for the purpose of concluding its activities, including providing 
    testimony to committees of Congress concerning its reports and 
    disseminating the final report.

SEC. 611. FUNDING.

    (a) Transfer From the National Foreign Intelligence Program.--Of 
the amounts authorized to be appropriated by this Act and made 
available in public law 107-248 (Department of Defense Appropriations 
Act, 2003) for the National Foreign Intelligence Program, not to exceed 
$3,000,000 shall be available for transfer to the Commission for 
purposes of the activities of the Commission under this title.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.

                     TITLE VII--INFORMATION SHARING

SEC. 701. SHORT TITLE.

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

SEC. 702. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
        (1) The Federal Government is required by the Constitution to 
    provide for the common defense, which includes defense against 
    terrorist attacks.
        (2) The Federal Government relies on State and local personnel 
    to protect against terrorist attacks.
        (3) The Federal Government collects, creates, manages, and 
    protects classified and sensitive but unclassified information to 
    enhance homeland security.
        (4) Some homeland security information is needed by the State 
    and local personnel to prevent and prepare for terrorist attacks.
        (5) The needs of State and local personnel to have access to 
    relevant homeland security information to combat terrorism must be 
    reconciled with the need to preserve the protected status of such 
    information and to protect the sources and methods used to acquire 
    such information.
        (6) Granting security clearances to certain State and local 
    personnel is one way to facilitate the sharing of information 
    regarding specific terrorist threats among Federal, State, and 
    local levels of government.
        (7) Methods exist to declassify, redact, or otherwise adapt 
    classified information so it may be shared with State and local 
    personnel without the need for granting additional security 
    clearances.
        (8) State and local personnel have capabilities and 
    opportunities to gather information on suspicious activities and 
    terrorist threats not possessed by Federal agencies.
        (9) The Federal Government and State and local governments and 
    agencies in other jurisdictions may benefit from such information.
        (10) Federal, State, and local governments and intelligence, 
    law enforcement, and other emergency preparation and response 
    agencies must act in partnership to maximize the benefits of 
    information gathering and analysis to prevent and respond to 
    terrorist attacks.
        (11) Information systems, including the National Law 
    Enforcement Telecommunications System and the Terrorist Threat 
    Warning System, have been established for rapid sharing of 
    classified and sensitive but unclassified information among 
    Federal, State, and local entities.
        (12) Increased efforts to share homeland security information 
    should avoid duplicating existing information systems.
    (b) Sense of Congress.--It is the sense of Congress that Federal, 
State, and local entities should share homeland security information to 
the maximum extent practicable, with special emphasis on hard-to-reach 
urban and rural communities.

SEC. 703. FACILITATING HOMELAND SECURITY INFORMATION SHARING 
              PROCEDURES.

    (a) Procedures for Determining Extent of Sharing of Homeland 
Security Information.--(1) The President shall prescribe and implement 
procedures under which relevant Federal agencies determine--
        (A) whether, how, and to what extent homeland security 
    information may be shared with appropriate State and local 
    personnel, and with which such personnel it may be shared;
        (B) how to identify and safeguard homeland security information 
    that is sensitive but unclassified; and
        (C) to the extent such information is in classified form, 
    whether, how, and to what extent to remove classified information, 
    as appropriate, and with which such personnel it may be shared 
    after such information is removed.
    (2) The President shall ensure that such procedures apply to all 
agencies of the Federal Government.
    (3) Such procedures shall not change the substantive requirements 
for the classification and safeguarding of classified information.
    (4) Such procedures shall not change the requirements and 
authorities to protect sources and methods.
    (b) Procedures for Sharing of Homeland Security Information.--(1) 
Under procedures prescribed by the President, all appropriate agencies, 
including the intelligence community, shall, through information 
sharing systems, share homeland security information with appropriate 
State and local personnel to the extent such information may be shared, 
as determined in accordance with subsection (a), together with 
assessments of the credibility of such information.
    (2) Each information sharing system through which information is 
shared under paragraph (1) shall--
        (A) have the capability to transmit unclassified or classified 
    information, though the procedures and recipients for each 
    capability may differ;
        (B) have the capability to restrict delivery of information to 
    specified subgroups by geographic location, type of organization, 
    position of a recipient within an organization, or a recipient's 
    need to know such information;
        (C) be configured to allow the efficient and effective sharing 
    of information; and
        (D) be accessible to appropriate State and local personnel.
    (3) The procedures prescribed under paragraph (1) shall establish 
conditions on the use of information shared under paragraph (1)--
        (A) to limit the redissemination of such information to ensure 
    that such information is not used for an unauthorized purpose;
        (B) to ensure the security and confidentiality of such 
    information;
        (C) to protect the constitutional and statutory rights of any 
    individuals who are subjects of such information; and
        (D) to provide data integrity through the timely removal and 
    destruction of obsolete or erroneous names and information.
    (4) The procedures prescribed under paragraph (1) shall ensure, to 
the greatest extent practicable, that the information sharing system 
through which information is shared under such paragraph include 
existing information sharing systems, including, but not limited to, 
the National Law Enforcement Telecommunications System, the Regional 
Information Sharing System, and the Terrorist Threat Warning System of 
the Federal Bureau of Investigation.
    (5) Each appropriate Federal agency, as determined by the 
President, shall have access to each information sharing system through 
which information is shared under paragraph (1), and shall therefore 
have access to all information, as appropriate, shared under such 
paragraph.
    (6) The procedures prescribed under paragraph (1) shall ensure that 
appropriate State and local personnel are authorized to use such 
information sharing systems--
        (A) to access information shared with such personnel; and
        (B) to share, with others who have access to such information 
    sharing systems, the homeland security information of their own 
    jurisdictions, which shall be marked appropriately as pertaining to 
    potential terrorist activity.
    (7) Under procedures prescribed jointly by the Director of Central 
Intelligence and the Attorney General, each appropriate Federal agency, 
as determined by the President, shall review and assess the information 
shared under paragraph (6) and integrate such information with existing 
intelligence.
    (c) Sharing of Classified Information and Sensitive but 
Unclassified Information With State and Local Personnel.--(1) The 
President shall prescribe procedures under which Federal agencies may, 
to the extent the President considers necessary, share with appropriate 
State and local personnel homeland security information that remains 
classified or otherwise protected after the determinations prescribed 
under the procedures set forth in subsection (a).
    (2) It is the sense of Congress that such procedures may include 
one or more of the following means:
        (A) Carrying out security clearance investigations with respect 
    to appropriate State and local personnel.
        (B) With respect to information that is sensitive but 
    unclassified, entering into nondisclosure agreements with 
    appropriate State and local personnel.
        (C) Increased use of information-sharing partnerships that 
    include appropriate State and local personnel, such as the Joint 
    Terrorism Task Forces of the Federal Bureau of Investigation, the 
    Anti-Terrorism Task Forces of the Department of Justice, and 
    regional Terrorism Early Warning Groups.
    (d) Responsible Officials.--For each affected Federal agency, the 
head of such agency shall designate an official to administer this 
title with respect to such agency.
    (e) Federal Control of Information.--Under procedures prescribed 
under this section, information obtained by a State or local government 
from a Federal agency under this section shall remain under the control 
of the Federal agency, and a State or local law authorizing or 
requiring such a government to disclose information shall not apply to 
such information.
    (f) Definitions.--As used in this section:
        (1) The term ``homeland security information'' means any 
    information (other than information that includes individually 
    identifiable information collected solely for statistical purposes) 
    possessed by a Federal, State, or local agency that--
            (A) relates to the threat of terrorist activity;
            (B) relates to the ability to prevent, interdict, or 
        disrupt terrorist activity;
            (C) would improve the identification or investigation of a 
        suspected terrorist or terrorist organization; or
            (D) would improve the response to a terrorist act.
        (2) The term ``intelligence community'' has the meaning given 
    such term in section 3(4) of the National Security Act of 1947 (50 
    U.S.C. 401a(4)).
        (3) The term ``State and local personnel'' means any of the 
    following persons involved in prevention, preparation, or response 
    for terrorist attacks:
            (A) State Governors, mayors, and other locally elected 
        officials.
            (B) State and local law enforcement personnel and 
        firefighters.
            (C) Public health and medical professionals.
            (D) Regional, State, and local emergency management agency 
        personnel, including State adjutant generals.
            (E) Other appropriate emergency response agency personnel.
            (F) Employees of private sector entities that affect 
        critical infrastructure, cyber, economic, or public health 
        security, as designated by the Federal Government in procedures 
        developed pursuant to this section.
        (4) The term ``State'' includes the District of Columbia and 
    any commonwealth, territory, or possession of the United States.

SEC. 704. REPORT.

    (a) Report Required.--Not later than 12 months after the date of 
the enactment of this Act, the President shall submit to the 
congressional committees specified in subsection (b) a report on the 
implementation of section 703. The report shall include any 
recommendations for additional measures or appropriation requests, 
beyond the requirements of section 703, to increase the effectiveness 
of sharing of information between and among Federal, State, and local 
entities.
    (b) Specified Congressional Committees.--The congressional 
committees referred to in subsection (a) are the following committees:
        (1) The Permanent Select Committee on Intelligence and the 
    Committee on the Judiciary of the House of Representatives.
        (2) The Select Committee on Intelligence and the Committee on 
    the Judiciary of the Senate.

SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out section 703.

SEC. 706. COORDINATION PROVISION.

    (a) Prior Enactment.--If this Act is enacted before the Homeland 
Security Act of 2002, then upon the date of the enactment of the 
Homeland Security Act of 2002, this title shall be deemed for all 
purposes not to have taken effect and shall cease to be in effect.
    (b) Subsequent Enactment.--If the Homeland Security Act of 2002 is 
enacted before this Act, then this title shall not take effect.

                   TITLE VIII--REPORTING REQUIREMENTS
                      Subtitle A--Overdue Reports

SEC. 801. DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS.

    (a) Deadline.--The reports described in subsection (c) shall be 
submitted to Congress not later than 180 days after the date of the 
enactment of this Act.
    (b) Noncompliance.--(1) If all the reports described in subsection 
(c) are not submitted to Congress by the date specified in subsection 
(a), amounts available to be obligated or expended after that date to 
carry out the functions or duties of the Office of the Director of 
Central Intelligence shall be reduced by \1/3\.
    (2) The reduction applicable under paragraph (1) shall not apply if 
the Director of Central Intelligence certifies to Congress by the date 
referred to in subsection (a) that all reports referred to in 
subsection (c) have been submitted to Congress.
    (c) Reports Described.--The reports referred to in subsection (a) 
are reports mandated by law for which the Director of Central 
Intelligence has sole or primary responsibility to prepare, coordinate, 
and submit to Congress which, as of the date of the enactment of this 
Act, have not been submitted to Congress.

      Subtitle B--Submittal of Reports to Intelligence Committees

SEC. 811. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS 
              TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES.

    (a) In General.--(1) Title V of the National Security Act of 1947 
(50 U.S.C. 413 et seq.), as amended by section 311 of this Act, is 
further amended by adding at the end the following new section:


  ``dates for submittal of various annual and semiannual reports to the 
                 congressional intelligence committees

    ``Sec. 507. (a) Annual Reports.--(1) The date for the submittal to 
the congressional intelligence committees of the following annual 
reports shall be the date each year provided in subsection (c)(1)(A):
        ``(A) The annual evaluation of the performance and 
    responsiveness of certain elements of the intelligence community 
    required by section 105(d).
        ``(B) The annual report on intelligence required by section 
    109.
        ``(C) The annual report on intelligence community cooperation 
    with Federal law enforcement agencies required by section 
    114(a)(2).
        ``(D) The annual report on the protection of the identities of 
    covert agents required by section 603.
        ``(E) The annual report of the Inspectors Generals of the 
    intelligence community on proposed resources and activities of 
    their offices required by section 8H(g) of the Inspector General 
    Act of 1978.
        ``(F) The annual report on commercial activities as security 
    for intelligence collection required by section 437(c) of title 10, 
    United States Code.
        ``(G) The annual report on expenditures for postemployment 
    assistance for terminated intelligence employees required by 
    section 1611(e)(2) of title 10, United States Code.
        ``(H) The annual update on foreign industrial espionage 
    required by section 809(b) of the Counterintelligence and Security 
    Enhancements Act of 1994 (title VIII of Public Law 103-359; 50 
    U.S.C. App. 2170b(b)).
        ``(I) The annual report on coordination of counterintelligence 
    matters with the Federal Bureau of Investigation required by 
    section 811(c)(6) of the Counterintelligence and Security 
    Enhancements Act of 1994 (50 U.S.C. 402a(c)(6)).
        ``(J) The annual report on foreign companies involved in the 
    proliferation of weapons of mass destruction that raise funds in 
    the United States capital markets required by section 827 of the 
    Intelligence Authorization Act for Fiscal Year 2003.
        ``(K) The annual report on certifications for immunity in 
    interdiction of aircraft engaged in illicit drug trafficking 
    required by section 1012(c)(2) of the National Defense 
    Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-4(c)(2)).
        ``(L) The annual report on exceptions to consumer disclosure 
    requirements for national security investigations under section 
    604(b)(4)(E) of the Fair Credit Reporting Act (15 U.S.C. 
    1681b(b)(4)(E)).
        ``(M) The annual report on activities under the David L. Boren 
    National Security Education Act of 1991 (title VIII of Public Law 
    102-183; 50 U.S.C. 1901 et seq.) required by section 806(a) of that 
    Act (50 U.S.C. 1906(a)).
        ``(N) The annual report on hiring and retention of minority 
    employees in the intelligence community required by section 114(c).
    ``(2) The date for the submittal to the congressional intelligence 
committees of the following annual reports shall be the date each year 
provided in subsection (c)(1)(B):
        ``(A) The annual report on the safety and security of Russian 
    nuclear facilities and nuclear military forces required by section 
    114(b).
        ``(B) The annual report on the threat of attack on the United 
    States from weapons of mass destruction required by section 114(d).
        ``(C) The annual report on covert leases required by section 
    114(e).
        ``(D) The annual report on improvements of the financial 
    statements of the intelligence community for auditing purposes 
    required by section 114A.
        ``(E) The annual report on activities of personnel of the 
    Federal Bureau of Investigation outside the United States required 
    by section 540C(c)(2) of title 28, United States Code.
        ``(F) The annual report on intelligence activities of the 
    People's Republic of China required by section 308(c) of the 
    Intelligence Authorization Act for Fiscal Year 1998 (Public Law 
    105-107; 50 U.S.C. 402a note).
        ``(G) The annual report on counterdrug intelligence matters 
    required by section 826 of the Intelligence Authorization Act for 
    Fiscal Year 2003.
    ``(b) Semiannual Reports.--The dates for the submittal to the 
congressional intelligence committees of the following semiannual 
reports shall be the dates each year provided in subsection (c)(2):
        ``(1) The periodic reports on intelligence provided to the 
    United Nations required by section 112(b).
        ``(2) The semiannual reports on the Office of the Inspector 
    General of the Central Intelligence Agency required by section 
    17(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
    403q(d)(1)).
        ``(3) The semiannual reports on decisions not to prosecute 
    certain violations of law under the Classified Information 
    Procedures Act (18 U.S.C. App.) as required by section 13 of that 
    Act.
        ``(4) The semiannual reports on the acquisition of technology 
    relating to weapons of mass destruction and advanced conventional 
    munitions required by section 721(b) of the Combatting 
    Proliferation of Weapons of Mass Destruction Act of 1996 (title VII 
    of Public Law 104-293; 50 U.S.C. 2366(b)).
        ``(5) The semiannual reports on the activities of the 
    Diplomatic Telecommunications Service Program Office (DTS-PO) 
    required by section 322(a)(6)(D)(ii) of the Intelligence 
    Authorization Act for Fiscal Year 2001 (22 U.S.C. 
    7302(a)(6)(D)(ii)).
        ``(6) The semiannual reports on the disclosure of information 
    and consumer reports to the Federal Bureau of Investigation for 
    counterintelligence purposes required by section 624(h)(2) of the 
    Fair Credit Reporting Act (15 U.S.C. 1681u(h)(2)).
        ``(7) The semiannual provision of information on requests for 
    financial information for foreign counterintelligence purposes 
    required by section 1114(a)(5)(C) of the Right to Financial Privacy 
    Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
        ``(8) The semiannual report on financial intelligence on 
    terrorist assets required by section 118.
    ``(c) Submittal Dates for Reports.--(1)(A) Except as provided in 
subsection (d), each annual report listed in subsection (a)(1) shall be 
submitted not later than February 1.
    ``(B) Except as provided in subsection (d), each annual report 
listed in subsection (a)(2) shall be submitted not later than December 
1.
    ``(2) Except as provided in subsection (d), each semiannual report 
listed in subsection (b) shall be submitted not later than February 1 
and August 1.
    ``(d) Postponement of Submittal.--(1) Subject to paragraph (3), the 
date for the submittal of--
        ``(A) an annual report listed in subsection (a)(1) may be 
    postponed until March 1;
        ``(B) an annual report listed in subsection (a)(2) may be 
    postponed until January 1; and
        ``(C) a semiannual report listed in subsection (b) may be 
    postponed until March 1 or September 1, as the case may be,
if the official required to submit such report submits to the 
congressional intelligence committees a written notification of such 
postponement.
    ``(2)(A) Notwithstanding any other provision of law and subject to 
paragraph (3), the date for the submittal to the congressional 
intelligence committees of any report described in subparagraph (B) may 
be postponed by not more than 30 days from the date otherwise specified 
in the provision of law for the submittal of such report if the 
official required to submit such report submits to the congressional 
intelligence committees a written notification of such postponement.
    ``(B) A report described in this subparagraph is any report on 
intelligence or intelligence-related activities of the United States 
Government that is submitted under a provision of law requiring the 
submittal of only a single report.
    ``(3)(A) The date for the submittal of a report whose submittal is 
postponed under paragraph (1) or (2) may be postponed beyond the time 
provided for the submittal of such report under such paragraph if the 
official required to submit such report submits to the congressional 
intelligence committees a written certification that preparation and 
submittal of such report at such time will impede the work of officers 
or employees of the intelligence community in a manner that will be 
detrimental to the national security of the United States.
    ``(B) A certification with respect to a report under subparagraph 
(A) shall include a proposed submittal date for such report, and such 
report shall be submitted not later than that date.''.
    (2) The table of sections for the National Security Act of 1947, as 
amended by section 311 of this Act, is further amended by inserting 
after the item relating to section 506 the following new item:

``Sec. 507. Dates for submittal of various annual and semiannual reports 
          to the congressional intelligence committees.''.

    (b) Conforming Amendments to Existing Reporting Requirements.--
        (1) National security act of 1947.--(A) Subsection (d) of 
    section 105 of the National Security Act of 1947 (50 U.S.C. 403-5) 
    is amended to read as follows:
    ``(d) Annual Evaluation of Performance and Responsiveness of 
Certain Elements of Intelligence Community.--(1) Not later each year 
than the date provided in section 507, the Director shall submit to the 
congressional intelligence committees the evaluation described in 
paragraph (3).
    ``(2) The Director shall submit each year to the Committee on 
Foreign Intelligence of the National Security Council, and to the 
Committees on Armed Services and Appropriations of the Senate and House 
of Representatives, the evaluation described in paragraph (3).
    ``(3) An evaluation described in this paragraph is an evaluation of 
the performance and responsiveness of the National Security Agency, the 
National Reconnaissance Office, and the National Imagery and Mapping 
Agency in meeting their respective national missions.
    ``(4) The Director shall submit each evaluation under this 
subsection in consultation with the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff.''.
        (B) Section 109 of that Act (50 U.S.C. 404d) is amended--
            (i) in subsection (a), by striking paragraph (1) and 
        inserting the following new paragraph (1):
    ``(1)(A) Not later each year than the date provided in section 507, 
the President shall submit to the congressional intelligence committees 
a report on the requirements of the United States for intelligence and 
the activities of the intelligence community.
    ``(B) Not later than January 31 each year, and included with the 
budget of the President for the next fiscal year under section 1105(a) 
of title 31, United States Code, the President shall submit to the 
appropriate congressional committees the report described in 
subparagraph (A).'';
            (ii) in subsection (c), as amended by section 803(a) of the 
        Intelligence Renewal and Reform Act of 1996 (title VIII of 
        Public Law 104-293; 110 Stat. 3475)--
                (I) in paragraph (1), by striking ``The Select 
            Committee on Intelligence, the Committee on 
            Appropriations,'' and inserting ``The Committee on 
            Appropriations''; and
                (II) in paragraph (2), by striking ``The Permanent 
            Select Committee on Intelligence, the Committee on 
            Appropriations,'' and inserting ``The Committee on 
            Appropriations''; and
            (iii) by striking subsection (c), as added by section 
        304(a) of the Intelligence Authorization Act for Fiscal Year 
        1994 (Public Law 103-178; 107 Stat. 2034).
        (C) Section 112(b) of that Act (50 U.S.C. 404g(b)) is amended 
    by adding at the end the following new paragraph:
    ``(3) In the case of periodic reports required to be submitted 
under the first sentence of paragraph (1) to the congressional 
intelligence committees, the submittal dates for such reports shall be 
as provided in section 507.''.
        (D) Section 114 of that Act (50 U.S.C. 404i) is amended--
            (i) in subsection (a)--
                (I) in paragraph (1), by striking ``the congressional 
            intelligence committees and'';
                (II) by redesignating paragraphs (2) and (3) as 
            paragraphs (3) and (4), respectively; and
                (III) by inserting after paragraph (1) the following 
            new paragraph (2):
    ``(2) Not later each year than the date provided in section 507, 
the Director shall submit to the congressional intelligence committees 
the report required to be submitted under paragraph (1) during the 
preceding year.''; and
            (ii) in subsection (b)(1), by striking ``, on an annual 
        basis'' and all that follows through ``leadership'' and 
        inserting ``submit to the congressional leadership on an annual 
        basis, and to the congressional intelligence committees on the 
        date each year provided in section 507,''.
        (E) Section 603 of that Act (50 U.S.C. 423) is amended--
            (i) in subsection (a), by adding at the end the following 
        new sentence: ``The date for the submittal of the report shall 
        be the date provided in section 507.''; and
            (ii) in subsection (b), by striking the second sentence.
        (2) Central intelligence agency act of 1949.--Section 17(d)(1) 
    of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
    403q(d)(1)) is amended in the second sentence by striking ``Within 
    thirty days of receipt of such reports,'' and inserting ``Not later 
    than the dates each year provided for the transmittal of such 
    reports in section 507 of the National Security Act of 1947,''.
        (3) Classified information procedures act.--Section 13 of the 
    Classified Information Procedures Act (18 U.S.C. App.) is amended--
            (A) by redesignating subsection (b) as subsection (c); and
            (B) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) In the case of the semiannual reports (whether oral or 
written) required to be submitted under subsection (a) to the Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate, the submittal dates 
for such reports shall be as provided in section 507 of the National 
Security Act of 1947.''.
        (4) Title 10, united states code.--(A) Section 437 of title 10, 
    United States Code, is amended--
            (i) in subsection (c), by striking ``Not later than'' and 
        all that follows through ``of Congress'' and inserting ``Not 
        later each year than the date provided in section 507 of the 
        National Security Act of 1947, the Secretary shall submit to 
        the congressional intelligence committees (as defined in 
        section 3 of that Act (50 U.S.C. 401a))''; and
            (ii) by striking subsection (d).
        (B) Section 1611(e) of that title is amended--
            (i) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraph (3)'';
            (ii) by redesignating paragraph (2) as paragraph (3); and
            (iii) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) In the case of a report required to be submitted under 
paragraph (1) to the Select Committee on Intelligence of the Senate and 
the Permanent Select Committee on Intelligence of the House of 
Representatives, the date for the submittal of such report shall be as 
provided in section 507 of the National Security Act of 1947.''.
        (5) Intelligence authorization acts.--(A) Section 809 of the 
    Counterintelligence and Security Enhancements Act of 1994 (title 
    VIII of Public Law 103-359; 108 Stat. 3454; 50 U.S.C. App. 2170b) 
    is amended by striking subsection (b) and inserting the following 
    new subsection (b):
    ``(b) Annual Update.--
        ``(1) Submittal to congressional intelligence committees.--Not 
    later each year than the date provided in section 507 of the 
    National Security Act of 1947, the President shall submit to the 
    congressional intelligence committees a report updating the 
    information referred to in subsection (a)(1)(D).
        ``(2) Submittal to congressional leadership.--Not later than 
    April 14 each year, the President shall submit to the congressional 
    leadership a report updating the information referred to in 
    subsection (a)(1)(D).
        ``(3) Definitions.--In this subsection:
            ``(A) Congressional intelligence committees.--The term 
        `congressional intelligence committees' has the meaning given 
        that term in section 3 of the National Security Act of 1947 (50 
        U.S.C. 401a).
            ``(B) Congressional leadership.--The term `congressional 
        leadership' means the Speaker and the minority leader of the 
        House of Representatives and the majority leader and the 
        minority leader of the Senate.''.
        (B) Paragraph (6) of section 811(c) of that Act (50 U.S.C. 
    402a(c)) is amended to read as follows:
    ``(6)(A) Not later each year than the date provided in section 507 
of the National Security Act of 1947, the Director of the Federal 
Bureau of Investigation shall submit to the congressional intelligence 
committees (as defined in section 3 of that Act (50 U.S.C. 401a)) a 
report with respect to compliance with paragraphs (1) and (2) during 
the previous calendar year.
    ``(B) Not later than February 1 each year, the Director shall, in 
accordance with applicable security procedures, submit to the 
Committees on the Judiciary of the Senate and House of Representatives 
a report with respect to compliance with paragraphs (1) and (2) during 
the previous calendar year.
    ``(C) The Director of the Federal Bureau of Investigation shall 
submit each report under this paragraph in consultation with the 
Director of Central Intelligence and the Secretary of Defense.''.
        (C) Section 721 of the Combatting Proliferation of Weapons of 
    Mass Destruction Act of 1996 (title VII of Public Law 104-293; 110 
    Stat. 3474; 50 U.S.C. 2366) is amended--
            (i) in subsection (a), by striking ``Not later than'' and 
        all that follows through ``the Director'' and inserting ``The 
        Director'';
            (ii) by redesignating subsection (b) as subsection (c);
            (iii) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Submittal Dates.--(1) The report required by subsection (a) 
shall be submitted each year to the congressional intelligence 
committees and the congressional leadership on a semiannual basis on 
the dates provided in section 507 of the National Security Act of 1947.
    ``(2) In this subsection:
        ``(A) The term `congressional intelligence committees' has the 
    meaning given that term in section 3 of the National Security Act 
    of 1947 (50 U.S.C. 401a).
        ``(B) The term `congressional leadership' means the Speaker and 
    the minority leader of the House of Representatives and the 
    majority leader and the minority leader of the Senate.''; and
            (iv) in subsection (c), as so redesignated, by striking 
        ``The reports'' and inserting ``Each report''.
        (D) Section 308 of the Intelligence Authorization Act for 
    Fiscal Year 1998 (Public Law 105-107; 111 Stat. 2253; 50 U.S.C. 
    402a note) is amended--
            (i) in subsection (a)--
                (I) by striking ``Not later than'' and all that follows 
            through ``the Director of Central Intelligence'' and 
            inserting ``The Director of Central Intelligence''; and
                (II) by inserting ``on an annual basis'' after ``to 
            Congress''; and
            (ii) by adding at the end the end the following new 
        subsection (c):
    ``(c) Submittal Date of Report to Leadership of Congressional 
Intelligence Committees.--The date each year for the submittal to the 
Chairman and Ranking Member of the Permanent Select Committee on 
Intelligence of the House of Representatives and the Chairman and Vice 
Chairman of the Select Committee on Intelligence of the Senate of the 
report required by subsection (a) shall be the date provided in section 
507 of the National Security Act of 1947.''.
        (E) Section 322(a)(6)(D) of the Intelligence Authorization Act 
    for Fiscal Year 2001 (Public Law 106-567; 114 Stat. 2844; 22 U.S.C. 
    7302(a)(6)(D)) is amended--
            (i) in clause (i), by striking ``Beginning on'' and 
        inserting ``Except as provided in clause (ii), beginning on'';
            (ii) by redesignating clause (ii) as clause (iii);
            (iii) by inserting after clause (i) the following new 
        clause (ii):
                ``(ii) Submittal date of reports to congressional 
            intelligence committees.--In the case of reports required 
            to be submitted under clause (i) to the congressional 
            intelligence committees (as defined in section 3 of the 
            National Security Act of 1947 (50 U.S.C. 401a)), the 
            submittal dates for such reports shall be as provided in 
            section 507 of that Act.''; and
            (iv) in clause (iii), as so redesignated, by striking 
        ``report'' and inserting ``reports''.
        (6) Public law 103-337.--Section 1012(c) of the National 
    Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-
    4(c)) is amended--
            (A) in paragraph (1), by striking ``Not later than'' and 
        inserting ``Except as provided in paragraph (2), not later 
        than'';
            (B) by redesignating paragraph (2) as paragraph (3); and
            (C) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) In the case of a report required to be submitted under 
paragraph (1) to the congressional intelligence committees (as defined 
in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), 
the submittal date for such report shall be as provided in section 507 
of that Act.''.
        (7) David l. boren national security education act of 1991.--
    The David L. Boren National Security Education Act of 1991 (title 
    VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.) is amended--
            (A) in section 806(a) (50 U.S.C. 1906(a))--
                (i) by inserting ``(1)'' before ``The Secretary'';
                (ii) in paragraph (1), as so designated, by striking 
            ``the Congress'' and inserting ``the congressional 
            intelligence committees'';
                (iii) by designating the second sentence as paragraph 
            (2) and by aligning such paragraph with the paragraph added 
            by clause (v);
                (iv) in paragraph (2), as so designated, by inserting 
            ``submitted to the President'' after ``The report''; and
                (v) by adding at the end the following new paragraph 
            (3):
    ``(3) The report submitted to the congressional intelligence 
committees shall be submitted on the date provided in section 507 of 
the National Security Act of 1947.''; and
            (B) in section 808 (50 U.S.C. 1908), by adding at the end 
        the following new paragraph (5):
        ``(5) The term `congressional intelligence committees' means--
            ``(A) the Select Committee on Intelligence of the Senate; 
        and
            ``(B) the Permanent Select Committee on Intelligence of the 
        House of Representatives.''.
        (8) Fair credit reporting act.--(A) Section 604(b)(4) of the 
    Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)) is amended--
            (i) in subparagraph (D), by striking ``Not later than'' and 
        inserting ``Except as provided in subparagraph (E), not later 
        than'';
            (ii) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (iii) by inserting after subparagraph (D) the following new 
        subparagraph (E):
            ``(E) Reports to congressional intelligence committees.--In 
        the case of a report to be submitted under subparagraph (D) to 
        the congressional intelligence committees (as defined in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 
        401a)), the submittal date for such report shall be as provided 
        in section 507 of that Act.''.
        (B) Section 625(h) of that Act (15 U.S.C. 1681u(h)) is 
    amended--
            (i) by inserting ``(1)'' before ``On a semiannual basis,''; 
        and
            (ii) by adding at the end the following new paragraph:
    ``(2) In the case of the semiannual reports required to be 
submitted under paragraph (1) to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate, the submittal dates for such reports 
shall be as provided in section 507 of the National Security Act of 
1947.''.
        (9) Right to financial privacy act of 1978.--Section 
    1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 
    U.S.C. 3414(a)(5)(C)) is amended by striking ``On a semiannual'' 
    and all that follows through ``the Senate'' and inserting ``On the 
    dates provided in section 507 of the National Security Act of 1947, 
    the Attorney General shall fully inform the congressional 
    intelligence committees (as defined in section 3 of that Act (50 
    U.S.C. 401a))''.

                  Subtitle C--Recurring Annual Reports

SEC. 821. ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED STATES USING 
              WEAPONS OF MASS DESTRUCTION.

    Section 114 of the National Security Act of 1947, as amended by 
section 353(b)(6) of this Act, is further amended--
        (1) by redesignating subsection (d) as subsection (e); and
        (2) by inserting after subsection (c) the following new 
    subsection (d):
    ``(d) Annual Report on Threat of Attack on the United States Using 
Weapons of Mass Destruction.--(1) Not later each year than the date 
provided in section 507, the Director shall submit to the congressional 
committees specified in paragraph (3) a report assessing the following:
        ``(A) The current threat of attack on the United States using 
    ballistic missiles or cruise missiles.
        ``(B) The current threat of attack on the United States using a 
    chemical, biological, or nuclear weapon delivered by a system other 
    than a ballistic missile or cruise missile.
    ``(2) Each report under paragraph (1) shall be a national 
intelligence estimate, or have the formality of a national intelligence 
estimate.
    ``(3) The congressional committees referred to in paragraph (1) are 
the following:
        ``(A) The congressional intelligence committees.
        ``(B) The Committees on Foreign Relations and Armed Services of 
    the Senate.
        ``(C) The Committees on International Relations and Armed 
    Services of the House of Representatives.''.

SEC. 822. ANNUAL REPORT ON COVERT LEASES.

    Section 114 of the National Security Act of 1947, as amended by 
section 821 of this Act, is further amended--
        (1) by redesignating subsection (e) as subsection (f); and
        (2) by inserting after subsection (d) the following new 
    subsection (e):
    ``(e) Annual Report on Covert Leases.--(1) Not later each year than 
the date provided in section 507, the Director shall submit to the 
congressional intelligence committees a report on each covert lease of 
an element of the intelligence community that is in force as of the end 
of the preceding year.
    ``(2) Each report under paragraph (1) shall include the following:
        ``(A) A list of each lease described by that paragraph.
        ``(B) For each lease--
            ``(i) the cost of such lease;
            ``(ii) the duration of such lease;
            ``(iii) the purpose of such lease; and
            ``(iv) the directorate or office that controls such 
        lease.''.

SEC. 823. ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS OF 
              CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY FOR 
              AUDITING PURPOSES.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.) is amended by inserting after section 114 the 
following new section:


   ``annual report on improvement of financial statements for auditing 
                                purposes

    ``Sec. 114A. Not later each year than the date provided in section 
507, the Director of Central Intelligence, the Director of the National 
Security Agency, the Director of the Defense Intelligence Agency, and 
the Director of the National Imagery and Mapping Agency shall each 
submit to the congressional intelligence committees a report describing 
the activities being undertaken by such official to ensure that the 
financial statements of such agency can be audited in accordance with 
applicable law and requirements of the Office of Management and 
Budget.''.
    (b) Clerical Amendment.--The table of sections for the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 114 the following new item:
``Sec. 114A. Annual report on improvement of financial statements for 
          auditing purposes.''.

SEC. 824. ANNUAL REPORT ON ACTIVITIES OF FEDERAL BUREAU OF 
              INVESTIGATION PERSONNEL OUTSIDE THE UNITED STATES.

    (a) Annual Report.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following new section:

``Sec. 540C. Annual report on activities of Federal Bureau of 
            Investigation personnel outside the United States

    ``(a) The Director of the Federal Bureau of Investigation shall 
submit to the appropriate committees of Congress each year a report on 
the activities of personnel of the Federal Bureau of Investigation 
outside the United States.
    ``(b) The report under subsection (a) shall include the following:
        ``(1) For the year preceding the year in which the report is 
    required to be submitted--
            ``(A) the number of personnel of the Bureau posted or 
        detailed outside the United States during the year;
            ``(B) a description of the coordination of the 
        investigations, asset handling, liaison, and operational 
        activities of the Bureau during the year with other elements of 
        the intelligence community; and
            ``(C) a description of the extent to which information 
        derived from activities described in subparagraph (B) was 
        shared with other elements of the intelligence community.
        ``(2) For the year in which the report is required to be 
    submitted--
            ``(A) a description of the plans, if any, of the Director--
                ``(i) to modify the number of personnel of the Bureau 
            posted or detailed outside the United States; or
                ``(ii) to modify the scope of the activities of 
            personnel of the Bureau posted or detailed outside the 
            United States; and
            ``(B) a description of the manner and extent to which 
        information derived from activities of the Bureau described in 
        paragraph (1)(B) during the year will be shared with other 
        elements of the intelligence community.
    ``(c) The date of the submittal each year of the report required by 
subsection (a) shall be the date provided in section 507 of the 
National Security Act of 1947.
    ``(d) In this section, the term `appropriate committees of 
Congress' means--
        ``(1) the Committees on the Judiciary of the Senate and House 
    of Representatives; and
        ``(2) the congressional intelligence committees (as defined in 
    section 3 of the National Security Act of 1947 (50 U.S.C. 
    401a)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 33 of that title is amended by inserting after the item 
relating to section 540B the following new item:
``540C. Annual report on activities of Federal Bureau of Investigation 
          personnel outside the United States.''.

SEC. 825. ANNUAL REPORTS OF INSPECTORS GENERAL OF THE INTELLIGENCE 
              COMMUNITY ON PROPOSED RESOURCES AND ACTIVITIES OF THEIR 
              OFFICES.

    Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
        (1) in subsection (f), by striking ``this section'' and 
    inserting ``subsections (a) through (e)'';
        (2) by redesignating subsection (g) as subsection (h); and
        (3) by inserting after subsection (f) the following new 
    subsection (g):
    ``(g)(1) The Inspector General of the Defense Intelligence Agency, 
the National Imagery and Mapping Agency, the National Reconnaissance 
Office, and the National Security Agency shall each submit to the 
congressional intelligence committees each year a report that sets 
forth the following:
        ``(A) The personnel and funds requested by such Inspector 
    General for the fiscal year beginning in such year for the 
    activities of the office of such Inspector General in such fiscal 
    year.
        ``(B) The plan of such Inspector General for such activities, 
    including the programs and activities scheduled for review by the 
    office of such Inspector General during such fiscal year.
        ``(C) An assessment of the current ability of such Inspector 
    General to hire and retain qualified personnel for the office of 
    such Inspector General.
        ``(D) Any matters that such Inspector General considers 
    appropriate regarding the independence and effectiveness of the 
    office of such Inspector General.
    ``(2) The submittal date for a report under paragraph (1) each year 
shall be the date provided in section 507 of the National Security Act 
of 1947.
    ``(3) In this subsection, the term `congressional intelligence 
committees' shall have the meaning given that term in section 3 of the 
National Security Act of 1947 (50 U.S.C. 401a).''.

SEC. 826. ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.

    (a) Annual Report.--The Counterdrug Intelligence Coordinating Group 
shall submit to the appropriate committees of Congress each year a 
report on current counterdrug intelligence matters. The report shall 
include the recommendations of the Counterdrug Intelligence 
Coordinating Group on the appropriate number of permanent staff, and of 
detailed personnel, for the staff of the Counterdrug Intelligence 
Executive Secretariat.
    (b) Submittal Date.--The date of the submittal each year of the 
report required by subsection (a) shall be the date provided in section 
507 of the National Security Act of 1947, as added by section 811 of 
this Act.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
        (1) the Committees on Appropriations of the Senate and House of 
    Representatives; and
        (2) the congressional intelligence committees (as defined in 
    section 3 of the National Security Act of 1947 (50 U.S.C. 401a)).

SEC. 827. ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN THE 
              PROLIFERATION OF WEAPONS OF MASS DESTRUCTION THAT RAISE 
              FUNDS IN THE UNITED STATES CAPITAL MARKETS.

    (a) Annual Report Required.--The Director of Central Intelligence 
shall submit to the appropriate committees of Congress on an annual 
basis a report setting forth each foreign company described in 
subsection (b) that raised or attempted to raise funds in the United 
States capital markets during the preceding year.
    (b) Covered Foreign Companies.--A foreign company described in this 
subsection is any foreign company determined by the Director to be 
engaged or involved in the proliferation of weapons of mass destruction 
(including nuclear, biological, or chemical weapons) or the means to 
deliver such weapons.
    (c) Submittal Date.--The date each year for the submittal of the 
report required by subsection (a) shall be the date provided in section 
507 of the National Security Act of 1947, as added by section 811 of 
this Act.
    (d) Form of Reports.--Each report under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
        (1) the Select Committee on Intelligence of the Senate and the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives;
        (2) the Committees on Armed Services, Banking, Housing, and 
    Urban Affairs, Governmental Affairs, and Foreign Relations of the 
    Senate; and
        (3) the Committees on Armed Services, Financial Services, 
    Government Reform, and International Relations of the House of 
    Representatives.

                       Subtitle D--Other Reports

SEC. 831. REPORT ON EFFECT OF COUNTRY-RELEASE RESTRICTIONS ON ALLIED 
              INTELLIGENCE-SHARING RELATIONSHIPS.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of Central Intelligence shall, in 
consultation with the Secretary of Defense, submit to the congressional 
intelligence committees a report containing an assessment of the effect 
of the use of ``NOFORN'' classifications, and of other country-release 
policies, procedures, and classification restrictions, on intelligence-
sharing relationships and coordinated intelligence operations and 
military operations between the United States and its allies. The 
report shall include an assessment of the effect of the use of such 
classifications, and of such policies, procedures, and restrictions, on 
counterterrorism operations in Afghanistan and elsewhere.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committee'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

SEC. 832. EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF STATE 
              ON PROTECTION OF CLASSIFIED INFORMATION AT DEPARTMENT 
              HEADQUARTERS.

    (a) Evaluation Required.--Not later than December 31 of 2002, 2003, 
and 2004, the Inspector General of the Department of State shall 
conduct an evaluation of the policies and procedures of the Department 
on the protection of classified information at the Headquarters of the 
Department, including compliance with the directives of the Director of 
Central Intelligence (DCIDs) regarding the storage and handling of 
Sensitive Compartmented Information (SCI) material.
    (b) Annual Report.--Except as provided in subsection (c), not later 
than February 1 of 2003, 2004, and 2005, the Inspector General shall 
submit to the following committees a report on the evaluation conducted 
under subsection (a) during the preceding year:
        (1) The congressional intelligence committees.
        (2) The Committee on Foreign Relations of the Senate and the 
    Committee on International Relations of the House of 
    Representatives.
    (c) Exception.--The date each year for the submittal of a report 
under subsection (b) may be postponed in accordance with section 507(d) 
of the National Security Act of 1947, as added by section 811 of this 
Act.
    (d) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
        (1) the Select Committee on Intelligence of the Senate; and
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives.

           Subtitle E--Repeal of Certain Report Requirements

SEC. 841. REPEAL OF CERTAIN REPORT REQUIREMENTS.

    (a) Annual Report on the Detail of Intelligence Community 
Personnel.--Section 113 of the National Security Act of 1947 (50 U.S.C. 
404h) is amended by striking subsection (c).
    (b) Annual Report on Exercise of National Security Agency Voluntary 
Separation Pay Authority.--Section 301(j) of the National Security Act 
of 1947 (50 U.S.C. 409a(j)), as amended by section 353(b)(2)(A) of this 
Act, is further amended--
        (1) by striking ``Reporting Require-ments.--'' and all that 
    follows through ``The Director may'' and inserting ``Notification 
    of Exercise of Authority.--The Director may''; and
        (2) by striking paragraph (2).
    (c) Annual Report on Transfers of Amounts for Acquisition of Land 
by the Central Intelligence Agency.--Section 5(c)(2) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403f(c)(2)) is amended by 
striking ``an annual report on the transfers of sums described in 
paragraph (1).'' and inserting ``a report on the transfer of sums 
described in paragraph (1) each time that authority is exercised.''.
    (d) Annual Report on Use of CIA Personnel as Special Policemen.--
Section 15(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403o(a)) is amended by striking paragraph (5).
    (e) Annual Audit of the Central Services Program of the Central 
Intelligence Agency.--Section 21 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403u) is amended--
        (1) by striking subsection (g); and
        (2) by redesignating subsection (h) as subsection (g).
    (f) Annual Report on Special Police Authority for the National 
Security Agency.--Section 11(a)(5) of the National Security Agency Act 
of 1959 (50 U.S.C. 402 note) is amended by inserting ``through 2004'' 
after ``Not later than July 1 each year''.

                TITLE IX--COUNTERINTELLIGENCE ACTIVITIES

SEC. 901. SHORT TITLE; PURPOSE.

    (a) Short Title.--This title may be cited as the 
``Counterintelligence Enhancement Act of 2002''.
    (b) Purpose.--The purpose of this title is to facilitate the 
enhancement of the counterintelligence activities of the United States 
Government by--
        (1) enabling the counterintelligence community of the United 
    States Government to fulfill better its mission of identifying, 
    assessing, prioritizing, and countering the intelligence threats to 
    the United States;
        (2) ensuring that the counterintelligence community of the 
    United States Government acts in an efficient and effective manner; 
    and
        (3) providing for the integration of all the 
    counterintelligence activities of the United States Government.

SEC. 902. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) Establishment.--(1) There shall be a National 
Counterintelligence Executive, who shall be appointed by the President.
    (2) It is the sense of Congress that the President should seek the 
views of the Attorney General, Secretary of Defense, and Director of 
Central Intelligence in selecting an individual for appointment as the 
Executive.
    (b) Mission.--The mission of the National Counterintelligence 
Executive shall be to serve as the head of national counterintelligence 
for the United States Government.
    (c) Duties.--Subject to the direction and control of the President, 
the duties of the National Counterintelligence Executive are as 
follows:
        (1) To carry out the mission referred to in subsection (b).
        (2) To act as chairperson of the National Counterintelligence 
    Policy Board under section 811 of the Counterintelligence and 
    Security Enhancements Act of 1994 (title VIII of Public Law 103-
    359; 50 U.S.C. 402a), as amended by section 903 of this Act.
        (3) To act as head of the Office of the National 
    Counterintelligence Executive under section 904.
        (4) To participate as an observer on such boards, committees, 
    and entities of the executive branch as the President considers 
    appropriate for the discharge of the mission and functions of the 
    Executive and the Office of the National Counterintelligence 
    Executive under section 904.

SEC. 903. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.

    (a) Chairperson.--Section 811 of the Counterintelligence and 
Security Enhancements Act of 1994 (title VII of Public Law 103-359; 50 
U.S.C. 402a), as amended by section 811(b)(5)(B) of this Act, is 
further amended--
        (1) by striking subsection (b);
        (2) by redesignating subsection (c) as subsection (e); and
        (3) by inserting after subsection (a) the following new 
    subsection (b):
    ``(b) Chairperson.--The National Counterintelligence Executive 
under section 902 of the Counterintelligence Enhancement Act of 2002 
shall serve as the chairperson of the Board.''.
    (b) Membership.--That section is further amended by inserting after 
subsection (b), as amended by subsection (a)(3) of this section, the 
following new subsection (c):
    ``(c) Membership.--The membership of the National 
Counterintelligence Policy Board shall consist of the following:
        ``(1) The National Counterintelligence Executive.
        ``(2) Senior personnel of departments and elements of the 
    United States Government, appointed by the head of the department 
    or element concerned, as follows:
            ``(A) The Department of Justice, including the Federal 
        Bureau of Investigation.
            ``(B) The Department of Defense, including the Joint Chiefs 
        of Staff.
            ``(C) The Department of State.
            ``(D) The Department of Energy.
            ``(E) The Central Intelligence Agency.
            ``(F) Any other department, agency, or element of the 
        United States Government specified by the President.''.
    (c) Functions and Discharge of Functions.--That section is further 
amended by inserting after subsection (c), as amended by subsection (b) 
of this section, the following new subsection:
    ``(d) Functions and Discharge of Functions.--(1) The Board shall--
        ``(A) serve as the principal mechanism for--
            ``(i) developing policies and procedures for the approval 
        of the President to govern the conduct of counterintelligence 
        activities; and
            ``(ii) upon the direction of the President, resolving 
        conflicts that arise between elements of the Government 
        conducting such activities; and
        ``(B) act as an interagency working group to--
            ``(i) ensure the discussion and review of matters relating 
        to the implementation of the Counterintelligence Enhancement 
        Act of 2002; and
            ``(ii) provide advice to the National Counterintelligence 
        Executive on priorities in the implementation of the National 
        Counterintelligence Strategy produced by the Office of the 
        National Counterintelligence Executive under section 904(e)(2) 
        of that Act.
    ``(2) The Board may, for purposes of carrying out its functions 
under this section, establish such interagency boards and working 
groups as the Board considers appropriate.''.

SEC. 904. OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) Establishment.--There shall be an Office of the National 
Counterintelligence Executive.
    (b) Head of Office.--The National Counterintelligence Executive 
shall be the head of the Office of the National Counterintelligence 
Executive.
    (c) Location of Office.--The Office of the National 
Counterintelligence Executive shall be located in the Office of the 
Director of Central Intelligence.
    (d) General Counsel.--(1) There shall be in the Office of the 
National Counterintelligence Executive a general counsel who shall 
serve as principal legal advisor to the National Counterintelligence 
Executive.
    (2) The general counsel shall--
        (A) provide legal advice and counsel to the Executive on 
    matters relating to functions of the Office;
        (B) ensure that the Office complies with all applicable laws, 
    regulations, Executive orders, and guidelines; and
        (C) carry out such other duties as the Executive may specify.
    (e) Functions.--Subject to the direction and control of the 
National Counterintelligence Executive, the functions of the Office of 
the National Counterintelligence Executive shall be as follows:
        (1) National threat identification and prioritization 
    assessment.--Subject to subsection (f), in consultation with 
    appropriate department and agencies of the United States 
    Government, and private sector entities, to produce on an annual 
    basis a strategic planning assessment of the counterintelligence 
    requirements of the United States to be known as the National 
    Threat Identification and Prioritization Assessment.
        (2) National counterintelligence strategy.--Subject to 
    subsection (f), in consultation with appropriate department and 
    agencies of the United States Government, and private sector 
    entities, and based on the most current National Threat 
    Identification and Prioritization Assessment under paragraph (1), 
    to produce on an annual basis a strategy for the 
    counterintelligence programs and activities of the United States 
    Government to be known as the National Counterintelligence 
    Strategy.
        (3) Implementation of national counterintelligence strategy.--
    To evaluate on an ongoing basis the implementation of the National 
    Counterintelligence Strategy and to submit to the President 
    periodic reports on such evaluation, including a discussion of any 
    shortfalls in the implementation of the Strategy and 
    recommendations for remedies for such shortfalls.
        (4) National counterintelligence strategic analyses.--As 
    directed by the Director of Central Intelligence and in 
    consultation with appropriate elements of the departments and 
    agencies of the United States Government, to oversee and coordinate 
    the production of strategic analyses of counterintelligence 
    matters, including the production of counterintelligence damage 
    assessments and assessments of lessons learned from 
    counterintelligence activities.
        (5) National counterintelligence program budget.--In 
    consultation with the Director of Central Intelligence--
            (A) to coordinate the development of budgets and resource 
        allocation plans for the counterintelligence programs and 
        activities of the Department of Defense, the Federal Bureau of 
        Investigation, the Central Intelligence Agency, and other 
        appropriate elements of the United States Government;
            (B) to ensure that the budgets and resource allocation 
        plans developed under subparagraph (A) address the objectives 
        and priorities for counterintelligence under the National 
        Counterintelligence Strategy; and
            (C) to submit to the National Security Council periodic 
        reports on the activities undertaken by the Office under 
        subparagraphs (A) and (B).
        (6) National counterintelligence collection and targeting 
    coordination.--To develop priorities for counterintelligence 
    investigations and operations, and for collection of 
    counterintelligence, for purposes of the National 
    Counterintelligence Strategy, except that the Office may not--
            (A) carry out any counterintelligence investigations or 
        operations; or
            (B) establish its own contacts, or carry out its own 
        activities, with foreign intelligence services.
        (7) National counterintelligence outreach, watch, and 
    warning.--
            (A) Counterintelligence vulnerability surveys.--To carry 
        out and coordinate surveys of the vulnerability of the United 
        States Government, and the private sector, to intelligence 
        threats in order to identify the areas, programs, and 
        activities that require protection from such threats.
            (B) Outreach.--To carry out and coordinate outreach 
        programs and activities on counterintelligence to other 
        elements of the United States Government, and the private 
        sector, and to coordinate the dissemination to the public of 
        warnings on intelligence threats to the United States.
            (C) Research and development.--To ensure that research and 
        development programs and activities of the United States 
        Government, and the private sector, direct attention to the 
        needs of the counterintelligence community for technologies, 
        products, and services.
            (D) Training and professional development.--To develop 
        policies and standards for training and professional 
        development of individuals engaged in counterintelligence 
        activities and to manage the conduct of joint training 
        exercises for such personnel.
    (f) Additional Requirements Regarding National Threat 
Identification and Prioritization Assessment and National 
Counterintelligence Strategy.--(1) A National Threat Identification and 
Prioritization Assessment under subsection (e)(1), and any modification 
of such assessment, shall not go into effect until approved by the 
President.
    (2) A National Counterintelligence Strategy under subsection 
(e)(2), and any modification of such strategy, shall not go into effect 
until approved by the President.
    (3) The National Counterintelligence Executive shall submit to the 
congressional intelligence committees each National Threat 
Identification and Prioritization Assessment, or modification thereof, 
and each National Counterintelligence Strategy, or modification 
thereof, approved under this section.
    (4) In this subsection, the term ``congressional intelligence 
committees'' means--
        (A) the Select Committee on Intelligence of the Senate; and
        (B) the Permanent Select Committee on Intelligence of the House 
    of Representatives.
    (g) Personnel.--(1) Personnel of the Office of the National 
Counterintelligence Executive may consist of personnel employed by the 
Office or personnel on detail from any other department, agency, or 
element of the Federal Government. Any such detail may be on a 
reimbursable or nonreimbursable basis, at the election of the head of 
the agency detailing such personnel.
    (2) Notwithstanding section 104(d) or any other provision of law 
limiting the period of the detail of personnel on a nonreimbursable 
basis, the detail of an officer or employee of United States or a 
member of the Armed Forces under paragraph (1) on a nonreimbursable 
basis may be for any period in excess of one year that the National 
Counterintelligence Executive and the head of the department, agency, 
or element concerned consider appropriate.
    (3) The employment of personnel by the Office, including the 
appointment, compensation and benefits, management, and separation of 
such personnel, shall be governed by the provisions of law on such 
matters with respect to the personnel of the Central Intelligence 
Agency, except that, for purposes of the applicability of such 
provisions of law to personnel of the Office, the National 
Counterintelligence Executive shall be treated as the head of the 
Office.
    (4) Positions in the Office shall be excepted service positions for 
purposes of title 5, United States Code.
    (h) Support.--(1) The Attorney General, Secretary of Defense, and 
Director of Central Intelligence may each provide the Office of the 
National Counterintelligence Executive such support as may be necessary 
to permit the Office to carry out its functions under this section.
    (2) Subject to any terms and conditions specified by the Director 
of Central Intelligence, the Director may provide administrative and 
contract support to the Office as if the Office were an element of the 
Central Intelligence Agency.
    (3) Support provided under this subsection may be provided on a 
reimbursable or nonreimbursable basis, at the election of the official 
providing such support.
    (i) Availability of Funds for Reimbursement.--The National 
Counterintelligence Executive may, from amounts available for the 
Office, transfer to a department or agency detailing personnel under 
subsection (g), or providing support under subsection (h), on a 
reimbursable basis amounts appropriate to reimburse such department or 
agency for the detail of such personnel or the provision of such 
support, as the case may be.
    (j) Contracts.--(1) Subject to paragraph (2), the National 
Counterintelligence Executive may enter into any contract, lease, 
cooperative agreement, or other transaction that the Executive 
considers appropriate to carry out the functions of the Office of the 
National Counterintelligence Executive under this section.
    (2) The authority under paragraph (1) to enter into contracts, 
leases, cooperative agreements, and other transactions shall be subject 
to any terms, conditions, and limitations applicable to the Central 
Intelligence Agency under law with respect to similar contracts, 
leases, cooperative agreements, and other transactions.
    (k) Treatment of Activities Under Certain Administrative Laws.--The 
files of the Office shall be treated as operational files of the 
Central Intelligence Agency for purposes of section 701 of the National 
Security Act of 1947 (50 U.S.C. 431) to the extent such files meet 
criteria under subsection (b) of that section for treatment of files as 
operational files of an element of the Agency.
    (l) Oversight by Congress.--The location of the Office of the 
National Counterintelligence Executive within the Office of the 
Director of Central Intelligence shall not be construed as affecting 
access by Congress, or any committee of Congress, to--
        (1) any information, document, record, or paper in the 
    possession of the Office; or
        (2) any personnel of the Office.
    (m) Construction.--Nothing in this section shall be construed as 
affecting the authority of the Director of Central Intelligence, the 
Secretary of Defense, the Secretary of State, the Attorney General, or 
the Director of the Federal Bureau of Investigation as provided or 
specified under the National Security Act of 1947 or under other 
provisions of law.

  TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT 
          PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY

SEC. 1001. FINDINGS.

    Congress makes the following findings:
        (1) Research and development efforts under the purview of the 
    intelligence community are vitally important to the national 
    security of the United States.
        (2) The intelligence community must operate in a dynamic, 
    highly-challenging environment, characterized by rapid 
    technological growth, against a growing number of hostile, 
    technically-sophisticated threats. Research and development 
    programs under the purview of the intelligence community are 
    critical to ensuring that intelligence agencies, and their 
    personnel, are provided with important technological capabilities 
    to detect, characterize, assess, and ultimately counter the full 
    range of threats to the national security of the United States.
        (3) There is a need to review the full range of current 
    research and development programs under the purview of the 
    intelligence community, evaluate such programs against the 
    scientific and technological fields judged to be of most 
    importance, and articulate program and resource priorities for 
    future research and development activities to ensure a unified and 
    coherent research and development program across the entire 
    intelligence community.

SEC. 1002. NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH AND 
              DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE 
              COMMUNITY.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission for the Review of the Research and 
Development Programs of the United States Intelligence Community'' (in 
this title referred to as the ``Commission'').
    (b) Composition.--The Commission shall be composed of 12 members, 
as follows:
        (1) The Deputy Director of Central Intelligence for Community 
    Management.
        (2) A senior intelligence official of the Office of the 
    Secretary of Defense, as designated by the Secretary of Defense.
        (3) Three members appointed by the majority leader of the 
    Senate, in consultation with the Chairman of the Select Committee 
    on Intelligence of the Senate, one from Members of the Senate and 
    two from private life.
        (4) Two members appointed by the minority leader of the Senate, 
    in consultation with the Vice Chairman of the Select Committee on 
    Intelligence of the Senate, one from Members of the Senate and one 
    from private life.
        (5) Three members appointed by the Speaker of the House of 
    Representatives, in consultation with the Chairman of the Permanent 
    Select Committee on Intelligence of the House of Representatives, 
    one from Members of the House of Representatives and two from 
    private life.
        (6) Two members appointed by the minority leader of the House 
    of Representatives, in consultation with the ranking member of the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives, one from Members of the House of Representatives 
    and one from private life.
    (c) Membership.--(1) The individuals appointed from private life as 
members of the Commission shall be individuals who are nationally 
recognized for expertise, knowledge, or experience in--
        (A) research and development programs;
        (B) technology discovery and insertion;
        (C) use of intelligence information by national policymakers 
    and military leaders; or
        (D) the implementation, funding, or oversight of the national 
    security policies of the United States.
    (2) An official who appoints members of the Commission may not 
appoint an individual as a member of the Commission if, in the judgment 
of the official, such individual possesses any personal or financial 
interest in the discharge of any of the duties of the Commission.
    (3) All members of the Commission appointed from private life shall 
possess an appropriate security clearance in accordance with applicable 
laws and regulations concerning the handling of classified information.
    (d) Co-Chairs.--(1) The Commission shall have two co-chairs, 
selected from among the members of the Commission.
    (2) One co-chair of the Commission shall be a member of the 
Democratic Party, and one co-chair shall be a member of the Republican 
Party.
    (3) The individuals who serve as the co-chairs of the Commission 
shall be jointly agreed upon by the President, the majority leader of 
the Senate, the minority leader of the Senate, the Speaker of the House 
of Representatives, and the minority leader of the House of 
Representatives.
    (e) Appointment; Initial Meeting.--(1) Members of the Commission 
shall be appointed not later than 45 days after the date of the 
enactment of this Act.
    (2) The Commission shall hold its initial meeting on the date that 
is 60 days after the date of the enactment of this Act.
    (f) Meetings; Quorum; Vacancies.--(1) After its initial meeting, 
the Commission shall meet upon the call of the co-chairs of the 
Commission.
    (2) Six members of the Commission shall constitute a quorum for 
purposes of conducting business, except that two members of the 
Commission shall constitute a quorum for purposes of receiving 
testimony.
    (3) Any vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner in which the original appointment 
was made.
    (4) If vacancies in the Commission occur on any day after 45 days 
after the date of the enactment of this Act, a quorum shall consist of 
a majority of the members of the Commission as of such day.
    (g) Actions of Commission.--(1) The Commission shall act by 
resolution agreed to by a majority of the members of the Commission 
voting and present.
    (2) The Commission may establish panels composed of less than the 
full membership of the Commission for purposes of carrying out the 
duties of the Commission under this title. The actions of any such 
panel shall be subject to the review and control of the Commission. Any 
findings and determinations made by such a panel shall not be 
considered the findings and determinations of the Commission unless 
approved by the Commission.
    (3) Any member, agent, or staff of the Commission may, if 
authorized by the co-chairs of the Commission, take any action which 
the Commission is authorized to take pursuant to this title.
    (h) Duties.--The duties of the Commission shall be--
        (1) to conduct, until not later than the date on which the 
    Commission submits the report under section 1007(a), the review 
    described in subsection (i); and
        (2) to submit to the congressional intelligence committees, the 
    Director of Central Intelligence, and the Secretary of Defense a 
    final report on the results of the review.
    (i) Review.--The Commission shall review the status of research and 
development programs and activities within the intelligence community, 
including--
        (1) an assessment of the advisability of modifying the scope of 
    research and development for purposes of such programs and 
    activities;
        (2) a review of the particular individual research and 
    development activities under such programs;
        (3) an evaluation of the current allocation of resources for 
    research and development, including whether the allocation of such 
    resources for that purpose should be modified;
        (4) an identification of the scientific and technological 
    fields judged to be of most importance to the intelligence 
    community;
        (5) an evaluation of the relationship between the research and 
    development programs and activities of the intelligence community 
    and the research and development programs and activities of other 
    departments and agencies of the Federal Government; and
        (6) an evaluation of the relationship between the research and 
    development programs and activities of the intelligence community 
    and the research and development programs and activities of the 
    private sector.

SEC. 1003. POWERS OF COMMISSION.

    (a) In General.--(1) The Commission or, on the authorization of the 
Commission, any subcommittee or member thereof, may, for the purpose of 
carrying out the provisions of this title--
        (A) hold such hearings and sit and act at such times and 
    places, take such testimony, receive such evidence, and administer 
    such oaths; and
        (B) require, by subpoena or otherwise, the attendance and 
    testimony of such witnesses and the production of such books, 
    records, correspondence, memoranda, papers, and documents, as the 
    Commission or such designated subcommittee or designated member 
    considers necessary.
    (2) Subpoenas may be issued under subparagraph (1)(B) under the 
signature of the co-chairs of the Commission, and may be served by any 
person designated by such co-chairs.
    (3) The provisions of sections 102 through 104 of the Revised 
Statutes of the United States (2 U.S.C. 192-194) shall apply in the 
case of any failure of a witness to comply with any subpoena or to 
testify when summoned under authority of this section.
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in advance in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties under this 
title.
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any executive department, agency, bureau, board, 
commission, office, independent establishment, or instrumentality of 
the Government information, suggestions, estimates, and statistics for 
the purposes of this title. Each such department, agency, bureau, 
board, commission, office, establishment, or instrumentality shall, to 
the extent authorized by law, furnish such information, suggestions, 
estimates, and statistics directly to the Commission, upon request of 
the co-chairs of the Commission. The Commission shall handle and 
protect all classified information provided to it under this section in 
accordance with applicable statutes and regulations.
    (d) Assistance From Federal Agencies.--(1) The Director of Central 
Intelligence shall provide to the Commission, on a nonreimbursable 
basis, such administrative services, funds, staff, facilities, and 
other support services as are necessary for the performance of the 
Commission's duties under this title.
    (2) The Secretary of Defense may provide the Commission, on a 
nonreimbursable basis, with such administrative services, staff, and 
other support services as the Commission may request.
    (3) In addition to the assistance set forth in paragraphs (1) and 
(2), other departments and agencies of the United States may provide 
the Commission such services, funds, facilities, staff, and other 
support as such departments and agencies consider advisable and as may 
be authorized by law.
    (4) The Commission shall receive the full and timely cooperation of 
any official, department, or agency of the United States Government 
whose assistance is necessary for the fulfillment of the duties of the 
Commission under this title, including the provision of full and 
current briefings and analyses.
    (e) Prohibition on Withholding Information.--No department or 
agency of the Government may withhold information from the Commission 
on the grounds that providing the information to the Commission would 
constitute the unauthorized disclosure of classified information or 
information relating to intelligence sources or methods.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as the 
departments and agencies of the United States.
    (g) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property in carrying out its duties under this 
title.

SEC. 1004. STAFF OF COMMISSION.

    (a) In General.--(1) The co-chairs of the Commission, in accordance 
with rules agreed upon by the Commission, shall appoint and fix the 
compensation of a staff director and such other personnel as may be 
necessary to enable the Commission to carry out its duties, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, except that 
no rate of pay fixed under this subsection may exceed the equivalent of 
that payable to a person occupying a position at level V of the 
Executive Schedule under section 5316 of such title.
    (2) Any Federal Government employee may be detailed to the 
Commission without reimbursement from the Commission, and such detailee 
shall retain the rights, status, and privileges of his or her regular 
employment without interruption.
    (3) All staff of the Commission shall possess a security clearance 
in accordance with applicable laws and regulations concerning the 
handling of classified information.
    (b) Consultant Services.--(1) The Commission may procure the 
services of experts and consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to exceed the daily rate 
paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of such title.
    (2) All experts and consultants employed by the Commission shall 
possess a security clearance in accordance with applicable laws and 
regulations concerning the handling of classified information.

SEC. 1005. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--(1) Except as provided in paragraph (2), each 
member of the Commission may be compensated at not to exceed the daily 
equivalent of the annual rate of basic pay in effect for a position at 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day during which that member is engaged in 
the actual performance of the duties of the Commission under this 
title.
    (2) Members of the Commission who are officers or employees of the 
United States or Members of Congress shall receive no additional pay by 
reason of their service on the Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission may be allowed travel expenses, including per diem in 
lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code.

SEC. 1006. TREATMENT OF INFORMATION RELATING TO NATIONAL SECURITY.

    (a) In General.--(1) The Director of Central Intelligence shall 
assume responsibility for the handling and disposition of any 
information related to the national security of the United States that 
is received, considered, or used by the Commission under this title.
    (2) Any information related to the national security of the United 
States that is provided to the Commission by a congressional 
intelligence committee may not be further provided or released without 
the approval of the chairman of such committee.
    (b) Access After Termination of Commission.--Notwithstanding any 
other provision of law, after the termination of the Commission under 
section 1007, only the Members and designated staff of the 
congressional intelligence committees, the Director of Central 
Intelligence (and the designees of the Director), and such other 
officials of the executive branch as the President may designate shall 
have access to information related to the national security of the 
United States that is received, considered, or used by the Commission.

SEC. 1007. FINAL REPORT; TERMINATION.

    (a) Final Report.--Not later than September 1, 2003, the Commission 
shall submit to the congressional intelligence committees, the Director 
of Central Intelligence, and the Secretary of Defense a final report as 
required by section 1002(h)(2).
    (b) Termination.--(1) The Commission, and all the authorities of 
this title, shall terminate at the end of the 120-day period beginning 
on the date on which the final report under subsection (a) is 
transmitted to the congressional intelligence committees.
    (2) The Commission may use the 120-day period referred to in 
paragraph (1) for the purposes of concluding its activities, including 
providing testimony to Congress concerning the final report referred to 
in that paragraph and disseminating the report.

SEC. 1008. ASSESSMENTS OF FINAL REPORT.

    Not later than 60 days after receipt of the final report under 
section 1007(a), the Director of Central Intelligence and the Secretary 
of Defense shall each submit to the congressional intelligence 
committees an assessment by the Director or the Secretary, as the case 
may be, of the final report. Each assessment shall include such 
comments on the findings and recommendations contained in the final 
report as the Director or Secretary, as the case may be, considers 
appropriate.

SEC. 1009. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.

    (a) Federal Advisory Committee Act.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
activities of the Commission under this title.
    (b) Freedom of Information Act.--The provisions of section 552 of 
title 5, United States Code (commonly referred to as the Freedom of 
Information Act), shall not apply to the activities, records, and 
proceedings of the Commission under this title.

SEC. 1010. FUNDING.

    (a) Transfer From the Community Management Account.--Of the amounts 
authorized to be appropriated by this Act for the Intelligence 
Technology Innovation Center of the Community Management Account, the 
Deputy Director of Central Intelligence for Community Management shall 
transfer to the Director of Central Intelligence $2,000,000 for 
purposes of the activities of the Commission under this title.
    (b) Availability in General.--The Director of Central Intelligence 
shall make available to the Commission, from the amount transferred to 
the Director under subsection (a), such amounts as the Commission may 
require for purposes of the activities of the Commission under this 
title.
    (c) Duration of Availability.--Amounts made available to the 
Commission under subsection (b) shall remain available until expended.

 SEC. 1011. DEFINITIONS.

    In this title:
        (1) Congressional intelligence committees.--The term 
    ``congressional intelligence committees'' means--
            (A) the Select Committee on Intelligence of the Senate; and
            (B) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
        (2) Intelligence community.--The term ``intelligence 
    community'' has the meaning given that term in section 3(4) of the 
    National Security Act of 1947 (50 U.S.C. 401a(4)).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.