Congressional Record: September 25, 2002 (Senate)
Page S9337-S9349
TEXT OF AMENDMENTS
[...]
SA 4752. Mr. HOLLINGS (for Mr. Graham) proposed an amendment to the
bill S. 2506, 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; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
"Intelligence Authorization Act for Fiscal Year 2003".
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. 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
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Definition of congressional intelligence committees in
National Security Act of 1947.
Sec. 304. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.
Sec. 305. Modification of authority to make funds for intelligence
activities available for other intelligence activities.
Sec. 306. Clarification of authority to furnish information on
intelligence activities to Congress.
Sec. 307. Standardized transliteration of names into the Roman
alphabet.
Sec. 308. Standards and qualifications for the performance of
intelligence activities.
Sec. 309. Modification of David L. Boren National Security Education
Program.
Sec. 310. Scholarships and work-study for pursuit of graduate degrees
in science and technology.
Sec. 311. National Virtual Translation Center.
Sec. 312. Foreign Terrorist Asset Tracking Center.
Sec. 313. Terrorist Identification Classification System.
Sec. 314. Annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise
funds in the United States capital markets.
[[Page S9338]]
Sec. 315. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 316. Additional one-year suspension of reorganization of
Diplomatic Telecommunications Service Program Office.
TITLE IV--REPORTING REQUIREMENTS
Subtitle A--Submittal of Reports to Intelligence Committees
Sec. 401. Dates for submittal of various annual and semi-annual reports
to the congressional intelligence committees.
Subtitle B--Recurring Annual Reports
Sec. 411. Annual assessment of satisfaction of intelligence community
with collection, analysis, and production of
intelligence.
Sec. 412. Annual report on threat of attack on the United States using
weapons of mass destruction.
Sec. 413. Annual report on covert leases.
Sec. 414. Annual report on improvement of financial statements of
certain elements of the intelligence community for
auditing purposes.
Sec. 415. Annual report on activities of Federal Bureau of
Investigation personnel outside the United States.
Sec. 416. Annual reports of inspectors general of the intelligence
community on proposed resources and activities of their
offices.
Sec. 417. Annual report on counterdrug intelligence matters.
Subtitle C--Other Reports
Sec. 431. Report on effect of country-release restrictions on allied
intelligence-sharing relationships.
Sec. 432. Evaluation of policies and procedures of Department of State
on protection of classified information at department
headquarters.
Sec. 433. Study of Department of State Consular Services.
Subtitle D--Repeal of Certain Report Requirements
Sec. 441. Repeal of certain report requirements.
TITLE V--COUNTERINTELLIGENCE ACTIVITIES
Sec. 501. Short title; purpose.
Sec. 502. National Counterintelligence Executive.
Sec. 503. National Counterintelligence Policy Board.
Sec. 504. Office of the National Counterintelligence Executive.
TITLE VI--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 601. Findings.
Sec. 602. National Commission for the Review of the Research and
Development Programs of the United States Intelligence
Community.
Sec. 603. Powers of Commission.
Sec. 604. Staff of Commission.
Sec. 605. Compensation and travel expenses.
Sec. 606. Treatment of information relating to national security.
Sec. 607. Final report; termination.
Sec. 608. Assessments of final report.
Sec. 609. Inapplicability of certain administrative provisions.
Sec. 610. Funding.
Sec. 611. 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 the bill
______ 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 Armed Services and
Appropriations of the Senate and House of Representatives, to
Members of Congress who so request, 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 Community Management Account of
the Director of Central Intelligence for fiscal year 2003 the
sum of $157,979,000. 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 309 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), $32,100,000 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. 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 ______ of the One Hundred Seventh
Congress, in the classified annex to this Act, in the report
of the Senate to accompany the bill S.____ of the 107th
Congress, or in the report of the House of Representatives to
accompany the bill H.R.____ is hereby incorporated into this
Act, and is hereby made a requirement in law.
(b) Submittal Date.--The date for the submittal to the
congressional intelligence committees of any report referred
to in subsection (a), whether an annual report, semiannual
report, or non-recurring report, shall be as provided for a
report of that type in section 507 of the National Security
Act of 1947, as added by section 401 of this Act.
(c) Congressional Intelligence Committees Defined.--In this
section, the term
[[Page S9339]]
"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. 106. 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 or a classified annex
to this Act, that involves the intelligence or intelligence-
related activities of the Department of Defense or 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 Secretary of Energy may
carry out any consultation required by this subsection
through an official of the Department of Defense or
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 $223,300,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. 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 113(c) (50 U.S.C. 404h(c)).
(B) Section 301(j) (50 U.S.C. 409a(j)).
(C) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(D) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking "intelligence
committees" and inserting "congressional intelligence
committees" 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) is amended by
striking subsection (c) and inserting the following new
subsection (c):
"(c) 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 Congress"
and inserting "congressional intelligence committees".
SEC. 304. 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. 305. MODIFICATION OF AUTHORITY TO MAKE FUNDS FOR
INTELLIGENCE ACTIVITIES AVAILABLE FOR OTHER
INTELLIGENCE ACTIVITIES.
(a) Nature of Unforseen Requirements.--Section 504(a) of
the National Security Act of 1947 (50 U.S.C. 414(a)) is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(B) by striking the semicolon at the end and inserting a
period;
(3) by inserting "(1)" after "(a)";
(4) by striking "(4) nothing" and inserting "(2)
Nothing";
(5) by indenting paragraph (2), as designated by paragraph
(4) of this section, two ems from the left margin; and
(6) by adding at the end the following new paragraph:
"(3) For purposes of paragraph (1)(C)(ii), an unforseen
requirement may not include a requirement arising under
statute or the request of a committee or Member of
Congress.".
(b) Certification Requirement for Reprogramming.--Paragraph
(1)(C)(iii) of that section, as redesignated by subsection
(a) of this section, is further amended by striking "has
notified" and all that follows and inserting "submits to
the appropriate congressional committees, before obligation
of funds for such activity, a certification that the
requirements of clauses (i) and (ii) are met with respect to
such activity.".
SEC. 306. CLARIFICATION OF AUTHORITY TO FURNISH INFORMATION
ON INTELLIGENCE ACTIVITIES TO CONGRESS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 503 the following new section:
"authority to furnish information on intelligence activities to
congress
"Sec. 503A. Notwithstanding any other provision of law,
and consistent with the obligations of the Director of
Central Intelligence to protect intelligence sources and
methods, it shall not be unlawful for the Director, or a
designee of the Director, to furnish to the congressional
intelligence committees information in the possession of an
element of the intelligence community on intelligence
activities in furtherance of the reporting responsibilities
of such element under sections 501, 502, and 503 or any other
[[Page S9340]]
provision of law requiring the reporting of information on
intelligence activities to Congress.".
(b) Clerical Amendment.--The table of sections for the
National Security Act of 1947 is amended by inserting after
the item relating to section 503 the following new item:
"Sec. 503A. Authority to furnish information on intelligence
activities to Congress.".
SEC. 307. STANDARDIZED TRANSLITERATION OF NAMES INTO THE
ROMAN ALPHABET.
(a) Method of Transliteration Required.--Not later than 90
days after the date of the enactment of this Act, the
Director of Central Intelligence shall establish 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. 308. 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, prescribe standards and
qualifications for persons engaged in the performance of
intelligence activities within the intelligence community.".
SEC. 309. MODIFICATION OF DAVID L. BOREN NATIONAL SECURITY
EDUCATION PROGRAM.
(a) Termination of Scholarship Program.--Paragraph (1) of
subsection (a) of section 802 of the David L. Boren National
Security Education Act of 1991 (title VIII of Public Law 102-
183; 50 U.S.C. 1902) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraph (B) as subparagraph (A).
(b) Substitution of National Flagship Language Initiative
for Grant Program.--That subsection is further amended--
(1) in paragraph (1), by striking subparagraph (C) and
inserting the following new subparagraph (B):
"(B) carrying out activities under paragraph (2) relating
to proficiency in foreign languages.";
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (1) the following new
paragraph (2):
"(2) National flagship language initiative.--
"(A) In general.--As part of the program under paragraph
(1), the Secretary shall, in accordance with regulations
prescribed by the Secretary, carry out activities at
institutions of higher education, which activities shall be
designed--
"(i) to produce in professionals an advanced level of
proficiency in foreign languages that the Board identifies
under section 803(d)(4) as critical to the national security
of the United States; and
"(ii) to permit undergraduate and graduate students, and
employees of the United States Government, to undertake
studies to enhance their foreign language proficiency.
"(B) Participation by fellowship recipients.--Recipients
of fellowships under paragraph (1)(A) may participate in the
activities carried out under this paragraph.
"(C) Designation of activities.--The activities carried
out under this paragraph shall be known as the `National
Flagship Language Initiative'.".
(c) Funding Allocation.--That subsection is further amended
by inserting after paragraph (2), as amended by subsection
(b) of this section, the following new paragraph (3):
"(3) Funding allocations.--Of the amount available for
obligation out of the Fund for any fiscal year, the Secretary
shall allocate such amount in a manner considered appropriate
by the Secretary for purposes of fellowships under paragraph
(1)(A) and carrying out activities under paragraph (1)(B).".
(d) Conforming Amendments.--(1) Section 802 of that Act is
further amended--
(A) in subsection (a)(5), as redesignated by subsection
(b)(3) of this section, by striking "scholarships,
fellowships, and grants" and inserting "fellowships, and
the carrying out of activities,";
(B) in subsection (b)--
(i) in the matter preceding paragraph (1)--
(I) by striking "scholarship or"; and
(II) by striking "or any scholarship"; and
(ii) by striking paragraph (2) and inserting the following
new paragraph (2):
"(2) shall, upon completion of such recipient's education
under the program, and in accordance with such regulations--
"(A) work in a national security position for a period
specified by the Secretary, which period shall be not less
than the period for which the fellowship assistance was
provided; or
"(B) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available upon the completion of the degree, work
in the field of higher education in a discipline relating to
the foreign country, foreign language, area study,
counterproliferation study, or international field of study
for which the fellowship was awarded for a period specified
by the Secretary, which period shall be established in
accordance with subparagraph (A); and";
(C) in subsection (c)--
(i) by striking "scholarship or" each place it appears;
and
(ii) by striking "scholarships and";
(D) in subsection (d)--
(i) by striking "scholarships, fellowships, or grants"
and inserting "fellowships, or for the carrying out of
activities,"; and
(ii) by striking "scholarships, fellowships, or grants (as
the case may be)" and inserting "such fellowships or
activities, as the case may be,";
(E) in subsection (e), by striking "scholarships,
fellowships, and grants" and inserting "fellowships, and
carry out activities,";
(F) in subsection (f), by striking "grant, scholarship,
or"; and
(G) in subsection (g)(1), by striking "or scholarship".
(2) Section 803(d) of that Act (50 U.S.C. 1903(d)) is
amended--
(A) in paragraph (1), by striking "scholarships,
fellowships, and grants" and inserting "fellowships, and
carrying out activities,";
(B) in paragraph (3)--
(i) by striking "desiring scholarships or fellowships, and
institutions of higher education desiring grants under this
chapter" and inserting "desiring fellowships under section
802(a)(1), and institutions of higher education desiring to
carry out activities under section 802(a)(2)"; and
(ii) by striking "scholarship or" each place it appears;
(C) in paragraph (4)--
(i) by striking subparagraphs (A) and (C);
(ii) by redesignating subparagraphs (B) and (D) as
subparagraphs (A) and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by striking
"section 802(a)(1)(B)" and inserting "section
802(a)(1)(A)";
(iv) by inserting after subparagraph (A) the following new
subparagraph (B):
"(B) which foreign languages are critical to the national
security interests of the United States for purposes of
section 802(a)(2); and"; and
(v) in subparagraph (C), as so redesignated, by striking
"scholarships or";
(D) in paragraph (6), by striking "scholarship recipients
and"; and
(E) in paragraph (7), by striking "scholarship or".
(3) Section 804(b)(1) of that Act (50 U.S.C. 1904(b)(1)) is
amended by striking "scholarships, fellowships, and grants"
and inserting "fellowships and carrying out activities".
(4) The heading for title VIII of the Intelligence
Authorization Act, Fiscal Year 1992 (Public Law 102-183) is
amended to read as follows:
"TITLE VIII--NATIONAL SECURITY FELLOWSHIPS AND OTHER EDUCATIONAL
SUPPORT".
(5) The heading of section 802 of that Act is amended to
read as follows:
"SEC. 802. PROGRAM OF FELLOWSHIPS AND OTHER EDUCATIONAL
SUPPORT.".
(e) Construction of Amendments.--Nothing in the amendments
to the David L. Boren National Security Education Act of 1991
made by this section shall affect the validity of any
scholarship, fellowship, or grant made or awarded under that
Act before the date of the enactment of this Act.
(f) Report on Conversion of Funding From Trust Fund to
Annual Appropriations.--(1) Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in conjunction with the Director of Central
Intelligence, submit to the congressional intelligence
committees a report on the advisability of converting the
funding of the program of fellowships and other educational
support under the David L. Boren National Security Education
Act of 1991, as amended by this section, from funding through
the National Security Education Trust Fund under section 804
of that Act to funding through appropriations.
(2) If the Secretary and the Director determine in the
report under paragraph (1) that the conversion of funding
referred to in that paragraph is advisable, the report shall
include a recommendation for such legislation as the
Secretary and the Director consider appropriate to implement
the conversion of funding.
(g) Report on Modification of National Flagship Language
Initiative Before Implementation.--If the Secretary, in
conjunction with the Director, proposes any modification of
the National Flagship Language Initiative under paragraph (2)
of section 802(a) of the David L. Boren National Security
Education Act of 1991, as amended by subsection (c) of this
section, between the date of the enactment of this Act and
the date of the implementation of the initiative, the
Secretary and the Director shall jointly submit to the
congressional intelligence committees a report on the
proposed modification.
(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.
[[Page S9341]]
SEC. 310. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE
DEGREES IN SCIENCE AND TECHNOLOGY.
(a) Program Required.--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 Required.--The Director of Central
Intelligence shall 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.--The Director shall administer the
program through the Assistant Director of Central
Intelligence for Administration.
"(c) Identification of Fields of Study.--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.--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. 311. 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.
SEC. 312. 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. 313. 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 on 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 or not the System contains the intelligence
information necessary to facilitate the contribution of the
System to the domestic security of the United States.
(B) Whether or not 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 or not 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.
SEC. 314. 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
[[Page S9342]]
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 Dates.--(1) In the case of the appropriate
committees of Congress referred to in paragraph (1) of
subsection (e), 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 401 of this Act.
(2) In the case of the appropriate committees of Congress
referred to in paragraphs (2) and (3) of subsection (e), the
date each year for the submittal of the report required by
subsection (a) shall be February 1 of such year.
(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, and Governmental Affairs of the Senate; and
(3) the Committees on Armed Services, Financial Services,
and Government Reform of the House of Representatives.
SEC. 315. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY
VOLUNTARY SEPARATION PAY ACT.
Section 2(i) 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 "in fiscal year 1998,
1999, 2000, 2001, 2002, or 2003" and inserting "in fiscal
years 1998 through 2005".
SEC. 316. 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; 115 Stat. 1401; 22
U.S.C. 7301 note) is amended by striking "October 1, 2002"
and inserting "October 1, 2003".
TITLE IV--REPORTING REQUIREMENTS
Subtitle A--Submittal of Reports to Intelligence Committees
SEC. 401. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMI-
ANNUAL 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 304 of
this Act, is further amended by adding at the end the
following new section:
"dates for submittal of various annual and semi-annual reports to the
congressional intelligence committees
"Sec. 507. (a) Annual Reports.--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):
"(1) The annual report on the assessment of the
satisfaction of the intelligence community with the
collection, analysis, and production of intelligence required
by section 102(i).
"(2) The annual evaluation of the performance and
responsiveness of certain elements of the intelligence
community required by section 105(d).
"(3) The annual report on intelligence required by section
109.
"(4) The annual report on the detail of intelligence
community personnel required by section 113.
"(5) The annual report on intelligence community
cooperation with Federal law enforcement agencies required by
section 114(a)(2).
"(6) The annual report on the safety and security of
Russian nuclear facilities and nuclear military forces
required by section 114(b).
"(7) The annual report on the threat of attack on the
United States from weapons of mass destruction required by
section 114(c).
"(8) The annual report on covert leases required by
section 114(d).
"(9) The annual report on improvements of the financial
statements of the intelligence community for auditing
purposes required by section 114A.
"(10) The annual report on the protection of the
identities of covert agents required by section 603.
"(11) The annual report on transfers of amounts for
acquisition of land by the Central Intelligence Agency
required by section 5(c)(2) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f(c)(2)).
"(12) The annual audit of the Central Intelligence Agency
central services program required by section 21(g) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403u(g)).
"(13) The annual report on the use of National Security
Agency personnel as special policemen required by section
11(a)(5) of the National Security Agency Act of 1959 (50
U.S.C. 402 note).
"(14) 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.
"(15) The annual report on commercial activities as
security for intelligence collection required by section
437(c) of title 10, United States Code.
"(16) The annual report on expenditures for postemployment
assistance for terminated intelligence employees required by
section 1611(e)(2) of title 10, United States Code.
"(17) 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.
"(18) 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)).
"(19) 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)).
"(20) 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).
"(21) The annual report on enhancing protection of
national security at the Department of Justice required by
section 606(b)(2)(B) of the Counterintelligence Reform Act of
2000 (title VI of Public Law 106-567).
"(22) 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 314 of the Intelligence Authorization Act for Fiscal
Year 2003.
"(23) The annual report on counterdrug intelligence
matters required by section 417 of the Intelligence
Authorization Act for Fiscal Year 2003.
"(24) 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)).
"(25) 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)).
"(26) 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)).
"(b) Semi-Annual Reports.--The dates for the submittal to
the congressional intelligence committees of the following
semi-annual 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)(3).
"(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 (5 U.S.C. App.) as required by section 13(b)
of that Act.
"(4) The semiannual reports on the acquisition of
technology relating to weapons of mass destruction and
advanced chemical 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)).
"(c) Submittal Dates for Reports.--(1) Except as provided
in subsection (d), each annual report listed in subsection
(a) shall be submitted not later than February 1.
"(2) Except as provided in subsection (d), each semi-
annual 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 an annual report listed in
subsection (a) may be postponed until March 1, or the date of
the submittal of 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
[[Page S9343]]
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.
"(e) Construction.--The provisions of this section shall
not affect the date for the submittal of any report covered
by this section to a Member or committee of Congress other
than the congressional intelligence committees, or to an
official of the Executive branch.".
(2) The table of sections for the National Security Act of
1947, as amended by section 304 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 semi-annual
reports to the congressional intelligence committees.".
(b) Report of General Counsel of CIA on Efforts To Ensure
Compliance With Reporting Deadlines.--(1) Not later than
December 1, 2002, the General Counsel of the Central
Intelligence Agency shall submit to the congressional
intelligence committees a report on the efforts of the Office
of the General Counsel of the Central Intelligence Agency to
ensure compliance by the elements of the intelligence
community with the requirements of section 507 of the
National Security Act of 1947, as added by subsection (a).
(c) 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 of the Senate, the Committee on
Appropriations," and inserting "The Committee on
Appropriations"; and
(II) in paragraph (2), by striking "The Permanent Select
Committee on Intelligence of the Senate, 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 113(c) of that Act (50 U.S.C. 404h(c)) is
amended by striking "Not later than" and all that follows
through "a report" and inserting "Not later each year than
the date provided in section 507, the Director of Central
Intelligence shall submit to the congressional intelligence
committees an annual report".
(E) 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,".
(F) 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.--(A) Section
5(c)(2) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(c)(2)) is amended--
(i) by striking "The Director" and all that follows
through "an annual" and inserting "Not later each year
than the date provided in section 507 of the National
Security Act of 1947, the Director shall submit to the
congressional intelligence committees (as defined in section
3 of that Act (50 U.S.C. 401a)) a"; and
(ii) by inserting "during the preceding year" after
"paragraph (1)".
(B) Section 17(d)(1) of that Act (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,".
(C) Section 21(g) of that Act (50 U.S.C. 403u(g)) is
amended by striking paragraph (3) and inserting the following
new paragraphs:
"(3) Not later than 30 days after the completion of an
audit under paragraph (1), the Inspector General shall submit
a copy of the audit to the Director of the Office of
Management and Budget and the Director of Central
Intelligence.
"(4) Not later each year than the date provided in section
507 of the National Security Act of 1947, the Inspector
General shall submit to the congressional intelligence
committees (as defined in section 3 of that Act (50 U.S.C.
401a)) a copy of the audit completed under paragraph (1)
during the preceding year.".
(3) National security agency act of 1959.--Section 11(a)(5)
of the National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by striking "Not later than" and all that
follows through "the Senate" and inserting "Not later each
year than the date provided in section 507 of the National
Security Act of 1947, the Director shall submit to the
congressional intelligence committees (as defined in section
3 of that Act (50 U.S.C. 401a)) a report".
(4) Classified information procedures act.--Section 13 of
the Classified Information Procedures Act (5 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.".
(5) 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):
[[Page S9344]]
"(2) In the case of a report required to be submitted
under paragraph (1) to the Permanent Select Committee on
Intelligence of the Senate and the 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.".
(6) 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.
2170b) is amended--
(i) 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."; and
(ii) by redesignating subsection (e) as subsection (d).
(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. 236) 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 on a semiannual basis
on the dates provided in section 507 of the National Security
Act of 1947.
"(2) The report required by subsection (a) shall be
submitted each year to the congressional leadership on April
11 and October 11 of such year.
"(3) 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 Ranking Member 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 105-567; 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".
(F) Section 606(b)(2) of the Counterintelligence Reform Act
of 2000 (title VI of Public Law 106-567; 114 Stat. 2854) is
amended--
(i) in subparagraph (A), by striking "subparagraph (B)"
and inserting "subparagraph (C)";
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph (B):
"(B) In the case of a report required to be submitted
under subparagraph (A) 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) 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.".
(8) 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 indenting the left margin of such paragraph, as so
designated, two ems;
(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.".
(9) 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 624(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.".
(10) 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))".
[[Page S9345]]
Subtitle B--Recurring Annual Reports
SEC. 411. ANNUAL ASSESSMENT OF SATISFACTION OF INTELLIGENCE
COMMUNITY WITH COLLECTION, ANALYSIS, AND
PRODUCTION OF INTELLIGENCE.
Section 102 of the National Security Act of 1947 (50 U.S.C.
403) is amended by adding at the end the following new
subsection:
"(i) Annual Assessment of Satisfaction of Intelligence
Community With Collection, Analysis, and Production of
Intelligence.--(1) The Assistant Director of Central
Intelligence for Collection and the Assistant Director of
Central Intelligence for Analysis and Production shall
conduct each year a comprehensive review of the satisfaction
of the elements of the intelligence community with the
collection, analysis, and production of intelligence during
the preceding year.
"(2) Each review for a year under paragraph (1) shall
include--
"(A) an evaluation of the effectiveness of the
intelligence collection, analysis, and production programs of
the intelligence community in such year in meeting the
requirements of the intelligence community for intelligence,
including whether or not gaps exist in such programs; and
"(B) an assessment of the allocation of resources for the
collection, analysis, and production of intelligence in such
year to determine whether or not an alternative allocation of
such resources would better meet the requirements of the
intelligence community for intelligence.
"(3) The Assistant Directors shall jointly submit to the
Director of Central Intelligence a report on each review
conducted under paragraph (1). Each report shall--
"(A) set forth the results of the evaluation and
assessment under paragraph (2);
"(B) describe any significant successes or failures in the
collection, analysis, or production of intelligence in the
year covered by such report; and
"(C) include any recommendations regarding the collection,
analysis, or production of intelligence that the Assistant
Directors consider appropriate.
"(4) The Director of Central Intelligence shall transmit
to the congressional intelligence committees each report
submitted under paragraph (3). The Director shall include in
the transmittal of such report any comments and
recommendations regarding such report that the Director
considers appropriate.
"(5) The submittal date for a report under paragraph (4)
each year shall be the date provided in section 507.".
SEC. 412. 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 303(b)(6) of this Act, is further
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
"(c) 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 intelligence committees 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.".
SEC. 413. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as
amended by section 412 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 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. 414. 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, Director
of the National Security Agency, Director of the Defense
Intelligence Agency, and 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. 415. 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)(1) In the case of the committees of Congress
specified in subsection (d)(1), the date of the submittal
each year of the report required by subsection (a) shall be
February 1 of such year.
"(2) In the case of the committees of Congress specified
in subsection (d)(2), 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. 416. 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
[[Page S9346]]
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. 417. 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.--(1) In the case of the committees of
Congress specified in subsection (c)(1), the date of the
submittal each year of the report required by subsection (a)
shall be February 1 of such year.
(2) In the case of the committees of Congress specified in
subsection (c)(2), 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 401 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)).
Subtitle C--Other Reports
SEC. 431. 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. 432. 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 congressional
intelligence committees a report on the evaluation conducted
under subsection (a) during the preceding year.
(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 401 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.
SEC. 433. STUDY OF DEPARTMENT OF STATE CONSULAR SERVICES.
(a) Sense of Congress.--Congress compliments the officers
of the Consular Service on the important role they perform
daily, many times under difficult conditions, at United
States embassies throughout the world. However, Congress is
concerned that Consular Service officers, who provide the
first line of defense against the admission of undesirable
persons into the United States, are entry-level personnel and
rotate out of Consular Service assignments as soon as
possible.
(b) Study.--The Secretary of State shall conduct a study
of--
(1) the Consular Services program of the Department of
State and the organizational structure of the Consular
Service within the Department, including promotion and
training policies, rotation frequency, level of experience
and seniority, level of oversight provided by senior Consular
Service personnel, and consistency of consular services
provided among the various United States embassies and
consulates; and
(2) the feasibility of establishing a separate employment
track within the Department of State for employees who would
serve in the Consular Service on a permanent basis and not
rotate out of Consular Service assignments.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report containing the
findings of the study conducted under subsection (b).
(d) Appropriate Committees of Congress Defined.--In this
section, the term "appropriate committees of Congress"
means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on International Relations and the
Permanent Select Committee on Intelligence of the House of
Representatives.
Subtitle D--Repeal of Certain Report Requirements
SEC. 441. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) 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 303(b)(2)(B) of this Act, is further amended--
(1) by striking "Reporting Require-
ments.--" and all that follows through "The Director" and
inserting "Notification of Exercise of Authority.--The
Director"; and
(2) by striking paragraph (2).
(b) 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).
TITLE V--COUNTERINTELLIGENCE ACTIVITIES
SEC. 501. 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. 502. 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 (c).
(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 503 of this Act.
(3) To act as head of the Office of the National
Counterintelligence Executive under section 504.
(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 504.
SEC. 503. 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) is 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 502 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,
[[Page S9347]]
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
504(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. 504. 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
Executive Office of the President.
(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 on-going 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 allocations
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 non-reimbursable
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
non-reimbursable basis, the detail of an officer or employee
of United States or a member of the Armed Forces under
paragraph (1) on a non-reimbursable 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 non-reimbursable 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
[[Page S9348]]
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.--(1) The provisions of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the activities of the
Office of the National Counterintelligence Executive.
(2) 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
Executive Office of the President 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) Designation of Office as Element of Intelligence
Community.--Section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)) is amended--
(1) in subparagraph (I), by striking "and" at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph (J):
"(J) the Office of the National Counterintelligence
Executive; and".
TITLE VI--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
SEC. 601. 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. 602. 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 607(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. 603. 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,
[[Page S9349]]
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. 604. 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 or 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. 605. 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(b)
of title 5, United States Code.
SEC. 606. 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 607, 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. 607. 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
602(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. 608. ASSESSMENTS OF FINAL REPORT.
Not later than 60 days after receipt of the final report
under section 607(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. 609. 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. 610. 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. 611. 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 of
the National Security Act of 1947 (50 U.S.C. 401a).
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