107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-789
======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2003
_______
November 14, 2002.--Ordered to be printed
_______
Mr. Goss, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4628]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4628), 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, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, 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. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 106. Additional authorizations of appropriations for intelligence
for the war on terrorism.
Sec. 107. Specific authorization of funds for intelligence or
intelligence-related activities for which fiscal year 2003
appropriations exceed amounts authorized.
Sec. 108. Incorporation of reporting requirements.
Sec. 109. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department of
Defense or Department of Energy.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--Recurring General Provisions
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.
Subtitle B--Intelligence
Sec. 311. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.
Sec. 312. Prohibition on compliance with requests for information
submitted by foreign governments.
Sec. 313. National Virtual Translation Center.
Subtitle C--Personnel
Sec. 321. Standards and qualifications for the performance of
intelligence activities.
Sec. 322. Modification of excepted agency voluntary leave transfer
authority.
Sec. 323. Sense of Congress on diversity in the workforce of
intelligence community agencies.
Sec. 324. Annual report on hiring and retention of minority employees in
the intelligence community.
Sec. 325. Report on establishment of a Civilian Linguist Reserve Corps.
Subtitle D--Education
Sec. 331. Scholarships and work-study for pursuit of graduate degrees in
science and technology.
Sec. 332. Cooperative relationship between the National Security
Education Program and the Foreign Language Center of the
Defense Language Institute.
Sec. 333. Establishment of National Flagship Language Initiative within
the National Security Education Program.
Sec. 334. Report on the National Security Education Program.
Subtitle E--Terrorism
Sec. 341. Foreign Terrorist Asset Tracking Center.
Sec. 342. Semiannual report on financial intelligence on terrorist
assets (FITA).
Sec. 343. Terrorist Identification Classification System.
Subtitle F--Other Matters
Sec. 351. Additional one-year suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 352. Standardized transliteration of names into the Roman alphabet.
Sec. 353. Definition of congressional intelligence committees in
National Security Act of 1947.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 402. Implementation of compensation reform plan.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counterdrug and counterterrorism activities
for Colombia.
Sec. 502. Protection of operational files of the National Reconnaissance
Office.
Sec. 503. Eligibility of employees in Intelligence Senior Level
positions for Presidential Rank Awards.
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES.
Sec. 601. Establishment of Commission.
Sec. 602. Purposes.
Sec. 603. Composition of Commission.
Sec. 604. Functions of Commission.
Sec. 605. Powers of Commission.
Sec. 606. Nonapplicability of Federal Advisory Committee Act.
Sec. 607. Staff of Commission.
Sec. 608. Compensation and travel expenses.
Sec. 609. Security clearances for Commission members and staff.
Sec. 610. Reports of Commission; termination.
Sec. 611. Funding.
TITLE VII--INFORMATION SHARING
Sec. 701. Short title.
Sec. 702. Findings and sense of Congress.
Sec. 703. Facilitating homeland security information sharing procedures.
Sec. 704. Report.
Sec. 705. Authorization of appropriations.
Sec. 706. Coordination provision.
TITLE VIII--REPORTING REQUIREMENTS
Subtitle A--Overdue Reports
Sec. 801. Deadline for submittal of various overdue reports.
Subtitle B--Submittal of Reports to Intelligence Committees
Sec. 811. Dates for submittal of various annual and semiannual reports
to the congressional intelligence committees.
Subtitle C--Recurring Annual Reports
Sec. 821. Annual report on threat of attack on the United States using
weapons of mass destruction.
Sec. 822. Annual report on covert leases.
Sec. 823. Annual report on improvement of financial statements of
certain elements of the intelligence community for auditing
purposes.
Sec. 824. Annual report on activities of Federal Bureau of Investigation
personnel outside the United States.
Sec. 825. Annual reports of inspectors general of the intelligence
community on proposed resources and activities of their
offices.
Sec. 826. Annual report on counterdrug intelligence matters.
Sec. 827. Annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise funds
in the United States capital markets.
Subtitle D--Other Reports
Sec. 831. Report on effect of country-release restrictions on allied
intelligence-sharing relationships.
Sec. 832. Evaluation of policies and procedures of Department of State
on protection of classified information at department
headquarters.
Subtitle E--Repeal of Certain Report Requirements
Sec. 841. Repeal of certain report requirements.
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES
Sec. 901. Short title; purpose.
Sec. 902. National Counterintelligence Executive.
Sec. 903. National Counterintelligence Policy Board.
Sec. 904. Office of the National Counterintelligence Executive.
TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 1001. Findings.
Sec. 1002. National Commission for the Review of the Research and
Development Programs of the United States Intelligence
Community.
Sec. 1003. Powers of Commission.
Sec. 1004. Staff of Commission.
Sec. 1005. Compensation and travel expenses.
Sec. 1006. Treatment of information relating to national security.
Sec. 1007. Final report; termination.
Sec. 1008. Assessments of final report.
Sec. 1009. Inapplicability of certain administrative provisions.
Sec. 1010. Funding.
Sec. 1011. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2003 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United
States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of
the Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 2003, for
the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations prepared
to accompany the conference report on H.R. 4628 of the One
Hundred Seventh Congress.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate and
House of Representatives and to the President. The President
shall provide for suitable distribution of the Schedule, or of
appropriate portions of the Schedule, within the executive
branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year
2003 under section 102 when the Director of Central
Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that
the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of
civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of
Central Intelligence shall notify promptly the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate whenever the
Director exercises the authority granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of Central Intelligence for fiscal year
2003 the sum of $158,254,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2004.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
Central Intelligence are authorized 322 full-time personnel as
of September 30, 2003. Personnel serving in such elements may
be permanent employees of the Intelligence Community Management
Account or personnel detailed from other elements of the United
States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition
to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection
(a), there are also authorized to be appropriated for
the Intelligence Community Management Account for
fiscal year 2003 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts
for research and development shall remain available
until September 30, 2004.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of
the Intelligence Community Management Account as of
September 30, 2003, there are hereby authorized such
additional personnel for such elements as of that date
as are specified in the classified Schedule of
Authorizations.
(d) Reimbursement.--Except as provided in section 113 of
the National Security Act of 1947 (50 U.S.C. 404h), during
fiscal year 2003 any officer or employee of the United States
or a member of the Armed Forces who is detailed to the staff of
the Intelligence Community Management Account from another
element of the United States Government shall be detailed on a
reimbursable basis, except that any such officer, employee, or
member may be detailed on a nonreimbursable basis for a period
of less than one year for the performance of temporary
functions as required by the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $34,100,000 shall be
available for the National Drug Intelligence Center.
Within such amount, funds provided for research,
development, testing, and evaluation purposes shall
remain available until September 30, 2004, and funds
provided for procurement purposes shall remain
available until September 30, 2005.
(2) Transfer of funds.--The Director of Central
Intelligence shall transfer to the Attorney General
funds available for the National Drug Intelligence
Center under paragraph (1). The Attorney General shall
utilize funds so transferred for the activities of the
National Drug Intelligence Center.
(3) Limitation.--Amounts available for the National
Drug Intelligence Center may not be used in
contravention of the provisions of section 103(d)(1) of
the National Security Act of 1947 (50 U.S.C. 403-
3(d)(1)).
(4) Authority.--Notwithstanding any other provision
of law, the Attorney General shall retain full
authority over the operations of the National Drug
Intelligence Center.
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2002.
(a) Authorization.--Amounts authorized to be appropriated
for fiscal year 2002 under section 101 of the Intelligence
Authorization Act for Fiscal Year 2002 (Public Law 107-108) for
the conduct of the intelligence activities of elements of the
United States Government listed in such section are hereby
increased, with respect to any such authorized amount, by the
amount by which appropriations pursuant to such authorization
were increased by the following:
(1) The Emergency Supplemental Act, 2002 (contained
in division B of Public Law 107-117), including section
304 of such Act (115 Stat. 2300).
(2) The 2002 Supplemental Appropriations Act for
Further Recovery From and Response To Terrorist Attacks
on the United States (Public Law 107-206), for such
amounts as are designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(b)(2)(A)).
(b) Ratification.--For purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414), any obligation
or expenditure of those amounts deemed to have been
specifically authorized by the Acts referred to in subsection
(a) is hereby ratified and confirmed.
SEC. 106. ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FOR INTELLIGENCE
FOR THE WAR ON TERRORISM.
(a) In General.--Subject to subsection (b), the amounts
requested in the letter dated July 3, 2002, of the President to
the Speaker of the House of Representatives, related to the
Defense Emergency Response Fund and that are designated for the
incremental costs of intelligence and intelligence-related
activities for the war on terrorism are authorized.
(b) Limitations.--The amounts referred to in subsection
(a)--
(1) are authorized only for activities directly
related to identifying, responding to, or protecting
against acts or threatened acts of terrorism;
(2) are not authorized to correct programmatic or
fiscal deficiencies in major acquisition programs which
will not achieve initial operational capabilities
within two years of the date of the enactment of this
Act; and
(3) are not available until the end of the 10-day
period that begins on the date written notice is
provided to the Select Committee on Intelligence and
the Committee on Appropriations of the Senate and the
Permanent Select Committee on Intelligence and the
Committee on Appropriations of the House of
Representatives.
SEC. 107. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR
INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL
YEAR 2003 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-
related activity for fiscal year 2003 in excess of the amount
specified for such activity in the classified Schedule of
Authorizations prepared to accompany this Act shall be deemed
to be specifically authorized by Congress for purposes of
section 504(a)(3) of the National Security Act of 1947 (50
U.S.C. 414(a)(3)).
SEC. 108. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the
joint explanatory statement to accompany the conference report
on the bill H.R. 4628 of the One Hundred Seventh Congress, or
in the classified annex to this Act, is hereby incorporated
into this Act, and is hereby made a requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term "congressional intelligence committees"
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 109. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND
PLANS RELATING TO INTELLIGENCE ACTIVITIES OF
DEPARTMENT OF DEFENSE OR DEPARTMENT OF ENERGY.
(a) Consultation in Preparation.--(1) The Director of
Central Intelligence shall ensure that any report, review,
study, or plan required to be prepared or conducted by a
provision of this Act, including a provision of the classified
Schedule of Authorizations referred to in section 102(a) or the
classified annex to this Act, that involves the intelligence or
intelligence-related activities of the Department of Defense or
the Department of Energy is prepared or conducted in
consultation with the Secretary of Defense or the Secretary of
Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may
carry out any consultation required by this subsection through
an official of the Department of Defense or the Department of
Energy, as the case may be, designated by such Secretary for
that purpose.
(b) Submittal.--Any report, review, study, or plan referred
to in subsection (a) shall be submitted, in addition toany
other committee of Congress specified for submittal in the provision
concerned, to the following committees of Congress:
(1) The Committees on Armed Services and
Appropriations and the Select Committee on Intelligence
of the Senate.
(2) The Committees on Armed Services and
Appropriations and the Permanent Select Committee on
Intelligence of the House of Representatives.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2003 the sum of $222,500,000.
TITLE III--GENERAL PROVISIONS
Subtitle A--Recurring General Provisions
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may be
necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by the
Constitution or the laws of the United States.
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national
security interests of the United States and consistent with
operational and security concerns related to the conduct of
intelligence activities, and where fiscally sound, should
competitively award contracts in a manner that maximizes the
procurement of products properly designated as having been made
in the United States.
Subtitle B--Intelligence
SEC. 311. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET
AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERATION,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by adding at the end
the following new section:
"SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET AMOUNTS
FOR COUNTERTERRORISM, COUNTERPROLIFERATION, COUNTERNARCOTICS, AND
COUNTERINTELLIGENCE
"Sec. 506. (a) In General.--The budget justification
materials submitted to Congress in support of the budget of the
President for a fiscal year that is submitted to Congress under
section 1105(a) of title 31, United States Code, shall set
forth separately the aggregate amount requested for that fiscal
year for the National Foreign Intelligence Program for each of
the following:
"(1) Counterterrorism.
"(2) Counterproliferation.
"(3) Counternarcotics.
"(4) Counterintelligence.
"(b) Election of Classified or Unclassified Form.--Amounts
set forth under subsection (a) may be set forth in unclassified
form or classified form, at the election of the Director of
Central Intelligence.".
(b) Clerical Amendment.--The table of sections for that Act
is amended by inserting after the item relating to section 505
the following new item:
"Sec. 506. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.".
SEC. 312. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR INFORMATION
SUBMITTED BY FOREIGN GOVERNMENTS.
Section 552(a)(3) of title 5, United States Code, is
amended--
(1) in subparagraph (A) by inserting "and except
as provided in subparagraph (E)," after "of this
subsection,"; and
(2) by adding at the end the following:
"(E) An agency, or part of an agency, that is an element
of the intelligence community (as that term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4))) shall not make any record available under this
paragraph to--
"(i) any government entity, other than a State,
territory, commonwealth, or district of the United
States, or any subdivision thereof; or
"(ii) a representative of a government entity
described in clause (i).".
SEC. 313. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Establishment.--The Director of Central Intelligence,
acting as the head of the intelligence community, shall
establish in the intelligence community an element with the
function of connecting the elements of the intelligence
community engaged in the acquisition, storage, translation, or
analysis of voice or data in digital form.
(b) Designation.--The element established under subsection
(a) shall be known as the National Virtual Translation Center.
(c) Administrative Matters.--(1) The Director shall retain
direct supervision and control over the element established
under subsection (a).
(2) The element established under subsection (a) shall
connect elements of the intelligence community utilizing
themost current available information technology that is applicable to
the function of the element.
(d) Deadline for Establishment.--The element required by
subsection (a) shall be established as soon as practicable
after the date of the enactment of this Act, but not later than
90 days after that date.
Subtitle C--Personnel
SEC. 321. STANDARDS AND QUALIFICATIONS FOR THE PERFORMANCE OF
INTELLIGENCE ACTIVITIES.
Section 104 of the National Security Act of 1947 (50 U.S.C.
403-4) is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection (g):
"(g) Standards and Qualifications for Performance of
Intelligence Activities.--The Director, acting as the head of
the intelligence community, shall, in consultation with the
heads of effected agencies, develop standards and
qualifications for persons engaged in the performance of
intelligence activities within the intelligence community.".
SEC. 322. MODIFICATION OF EXCEPTED AGENCY VOLUNTARY LEAVE TRANSFER
AUTHORITY.
(a) In General.--Section 6339 of title 5, United States
Code, is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection
(b); and
(3) by inserting after subsection (b) (as so
redesignated by paragraph (2)) the following:
"(c)(1) Notwithstanding any provision of subsection (b),
the head of an excepted agency may, at his sole discretion, by
regulation establish a program under which an individual
employed in or under such excepted agency may participate in a
leave transfer program established under the provisions of this
subchapter outside of this section, including provisions
permitting the transfer of annual leave accrued or accumulated
by such employee to, or permitting such employee to receive
transferred leave from, an employee of any other agency
(including another excepted agency having a program under this
subsection).
"(2) To the extent practicable and consistent with the
protection of intelligence sources and methods, any program
established under paragraph (1) shall be consistent with the
provisions of this subchapter outside of this section and with
any regulations issued by the Office of Personnel Management
implementing this subchapter.".
(b) Conforming Amendments.--Section 6339 of such title is
amended--
(1) in paragraph (2) of subsection (b) (as so
redesignated by subsection (a)(2)), by striking "under
this section" and inserting "under this subsection";
and
(2) in subsection (d), by striking "of Personnel
Management".
SEC. 323. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF
INTELLIGENCE COMMUNITY AGENCIES.
(a) Findings.--Congress finds the following:
(1) The United States is engaged in a war against
terrorism that requires the active participation of the
intelligence community.
(2) Certain intelligence agencies, among them the
Federal Bureau of Investigation and the Central
Intelligence Agency, have announced that they will be
hiring several hundred new agents to help conduct the
war on terrorism.
(3) Former Directors of the Federal Bureau of
Investigation, the Central Intelligence Agency, the
National Security Agency, and the Defense Intelligence
Agency have stated that a more diverse intelligence
community would be better equipped to gather and
analyze information on diverse communities.
(4) The Central Intelligence Agency and the
National Security Agency were authorized to establish
an undergraduate training program for the purpose of
recruiting and training minority operatives in 1987.
(5) The Defense Intelligence Agency was authorized
to establish an undergraduate training program for the
purpose of recruiting and training minority operatives
in 1988.
(6) The National Imagery and Mapping Agency was
authorized to establish an undergraduate training
program for the purpose of recruiting and training
minority operatives in 2000.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Director of the Federal Bureau of
Investigation (with respect to the intelligence and
intelligence-related activities of the Bureau), the
Director of Central Intelligence, the Director of the
National Security Agency, and the Director of the
Defense Intelligence Agency should make the creation of
a more diverse workforce a priority in hiring
decisions; and
(2) the Director of Central Intelligence, the
Director of the National Security Agency, the Director
of the Defense Intelligence Agency, and the Director of
the National Imagery and Mapping Agency should increase
their minority recruitment efforts through the
undergraduate training program provided for under law.
SEC. 324. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES
IN THE INTELLIGENCE COMMUNITY.
Section 114 of the National Security Act of 1947 (50 U.S.C.
404i) is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection:
"(c) Annual Report on Hiring and Retention of Minority
Employees.--(1) The Director of Central Intelligence shall, on
an annual basis, submit to Congress a reporton the employment
of covered persons within each element of the intelligence community
for the preceding fiscal year.
"(2) Each such report shall include disaggregated data by
category of covered person from each element of the
intelligence community on the following:
"(A) Of all individuals employed in the element
during the fiscal year involved, the aggregate
percentage of such individuals who are covered persons.
"(B) Of all individuals employed in the element
during the fiscal year involved at the levels referred
to in clauses (i) and (ii), the percentage of covered
persons employed at such levels:
"(i) Positions at levels 1 through 15 of
the General Schedule.
"(ii) Positions at levels above GS-15.
"(C) Of all individuals hired by the element
involved during the fiscal year involved, the
percentage of such individuals who are covered persons.
"(3) Each such report shall be submitted in unclassified
form, but may contain a classified annex.
"(4) Nothing in this subsection shall be construed as
providing for the substitution of any similar report required
under another provision of law.
"(5) In this subsection, the term `covered persons'
means--
"(A) racial and ethnic minorities;
"(B) women; and
"(C) individuals with disabilities.".
SEC. 325. REPORT ON ESTABLISHMENT OF A CIVILIAN LINGUIST RESERVE CORPS.
(a) Report.--The Secretary of Defense, acting through the
Director of the National Security Education Program, shall
prepare a report on the feasibility of establishing a Civilian
Linguist Reserve Corps comprised of individuals with advanced
levels of proficiency in foreign languages who are United
States citizens who would be available upon a call of the
President to perform such service or duties with respect to
such foreign languages in the Federal Government as the
President may specify. In preparing the report, the Secretary
shall consult with such organizations having expertise in
training in foreign languages as the Secretary determines
appropriate.
(b) Matters Considered.--
(1) In general.--In conducting the study, the
Secretary shall develop a proposal for the structure
and operations of the Civilian Linguist Reserve Corps.
The proposal shall establish requirements for
performance of duties and levels of proficiency in
foreign languages of the members of the Civilian
Linguist Reserve Corps, including maintenance of
language skills and specific training required for
performance of duties as a linguist of the Federal
Government, and shall include recommendations on such
other matters as the Secretary determines appropriate.
(2) Consideration of use of defense language
institute and language registries.--In developing the
proposal under paragraph (1), the Secretary shall
consider the appropriateness of using--
(A) the Defense Language Institute to
conduct testing for language skills proficiency
and performance, and to provide language
refresher courses; and
(B) foreign language skill registries of
the Department of Defense or of other agencies
or departments of the United States to identify
individuals with sufficient proficiency in
foreign languages.
(3) Consideration of the model of the reserve
components of the armed forces.--In developing the
proposal under paragraph (1), the Secretary shall
consider the provisions of title 10, United States
Code, establishing and governing service in the Reserve
Components of the Armed Forces, as a model for the
Civilian Linguist Reserve Corps.
(c) Completion of Report.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
submit to Congress the report prepared under subsection (a).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Defense $300,000 to
carry out this section.
Subtitle D--Education
SEC. 331. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES
IN SCIENCE AND TECHNOLOGY.
(a) Program Authorized.--The National Security Act of 1947
is amended--
(1) by redesignating title X as title XI;
(2) by redesignating section 1001 as section 1101;
and
(3) by inserting after title IX the following new
title X:
"TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
"SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES IN
SCIENCE AND TECHNOLOGY
"Sec. 1001. (a) Program Authorized.--The Director of
Central Intelligence may carry out a program to provide
scholarships and work-study for individuals who are pursuing
graduate degrees in fields of study in science and technology
that are identified by the Director as appropriate to meet the
future needs of the intelligence community for qualified
scientists and engineers.
"(b) Administration.--If the Director carries out the
program under subsection (a), the Director shall administer the
program through the Assistant Director of Central Intelligence
for Administration.
"(c) Identification of Fields of Study.--If the Director
carries out the program under subsection (a), the Director
shall identify fields of study under subsection (a) in
consultation with the other heads of the elements of the
intelligence community.
"(d) Eligibility for Participation.--An individual
eligible to participate in the program is any individual who--
"(1) either--
"(A) is an employee of the intelligence
community; or
"(B) meets criteria for eligibility for
employment in the intelligence community that
are established by the Director;
"(2) is accepted in a graduate degree program in a
field of study in science or technology identified
under subsection (a); and
"(3) is eligible for a security clearance at the
level of Secret or above.
"(e) Regulations.--If the Director carries out the program
under subsection (a), the Director shall prescribe regulations
for purposes of the administration of this section.".
(b) Clerical Amendment.--The table of sections for the
National Security Act of 1947 is amended by striking the items
relating to title X and section 1001 and inserting the
following new items:
"TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
"Sec. 1001. Scholarships and work-study for pursuit of graduate degrees
in science and technology.
"TITLE XI--OTHER PROVISIONS
"Sec. 1101. Applicability to United States intelligence activities of
Federal laws implementing international treaties and
agreements.".
SEC. 332. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL SECURITY
EDUCATION PROGRAM AND THE FOREIGN LANGUAGE CENTER
OF THE DEFENSE LANGUAGE INSTITUTE.
Section 802 of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902) is amended by adding at
the end the following new subsection:
"(h) Use of Awards To Attend the Foreign Language Center
of the Defense Language Institute.--(1) The Secretary shall
provide for the admission of award recipients to the Foreign
Language Center of the Defense Language Institute (hereinafter
in this subsection referred to as the `Center'). An award
recipient may apply a portion of the applicable scholarship or
fellowship award for instruction at the Center on a space-
available basis as a Department of Defense sponsored program to
defray the additive instructional costs.
"(2) Except as the Secretary determines necessary, an
award recipient who receives instruction at the Center shall be
subject to the same regulations with respect to attendance,
discipline, discharge, and dismissal as apply to other persons
attending the Center.
"(3) In this subsection, the term `award recipient' means
an undergraduate student who has been awarded a scholarship
under subsection (a)(1)(A) or a graduate student who has been
awarded a fellowship under subsection (a)(1)(B) who--
"(A) is in good standing;
"(B) has completed all academic study in a foreign
country, as provided for under the scholarship or
fellowship; and
"(C) would benefit from instruction provided at
the Center.".
SEC. 333. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE WITHIN
THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) National Flagship Language Initiative.--
(1) Expansion of grant program authority.--
Subsection (a)(1) of section 802 of the David L. Boren
National Security Education Act of 1991 (50 U.S.C.
1902) is amended--
(A) by striking "and" at the end of
subparagraph (B)(ii);
(B) by striking the period at the end of
subparagraph (C) and inserting "; and"; and
(C) by adding at the end the following new
subparagraph:
"(D) awarding grants to institutions of
higher education to carry out activities under
the National Flagship Language Initiative
(described in subsection (i)).".
(2) Provisions of national flagship language
initiative.--Such section, as amended by section 332,
is further amended by adding at the end the following
new subsection:
"(i) National Flagship Language Initiative.--(1) Under the
National Flagship Language Initiative, institutions of higher
education shall establish, operate, or improve activities
designed to train students in programs in a range of
disciplines to achieve advanced levels of proficiency in those
foreign languages that the Secretary identifies as being the
most critical in the interests of the national security of the
United States.
"(2) An undergraduate student who has been awarded a
scholarship under subsection (a)(1)(A) or a graduate student
who has been awarded a fellowship under subsection (a)(1)(B)
may participate in the activities carried out under the
National Flagship Language Initiative.
"(3) An institution of higher education that receives a
grant pursuant to subsection (a)(1)(D) shall give special
consideration to applicants who are employees of the Federal
Government.
"(4) For purposes of this subsection, the Foreign Language
Center of the Defense Language Institute and any other
educational institution that provides training in foreign
languages operated by the Department of Defense or an agency in
the intelligence community is deemed to be an institution of
higher education, and may carry out the types of activities
permitted under the National Flagship Language Initiative.".
(3) Inapplicability of funding allocation rules.--
Subsection (a)(2) of such section is amended by adding
at the end the following flush sentences:
"The funding allocation under this paragraph shall not
apply to grants under paragraph (1)(D) for the National
Flagship Language Initiative described in subsection
(i). For the authorization of appropriations for the
National Flagship Language Initiative, see section
811.".
(4) Board requirement.--Section 803(d)(4) of such
Act (50 U.S.C. 1903(d)(4)) is amended--
(A) by striking "and" at the end of
subparagraph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting "; and"; and
(C) by adding at the end the following new
subparagraph:
"(E) which foreign languages are critical
to the national security interests of the
United States for purposes of section
802(a)(1)(D) (relating to grants for the
National Flagship Language Initiative).".
(b) Funding.--The David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by
adding at the end the following new section:
"SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF APPROPRIATIONS.
"(a) In General.--In addition to amounts that may be made
available to the Secretary under the Fund for a fiscal year,
there is authorized to be appropriated to the Secretary for
each fiscal year, beginning with fiscal year 2003, $10,000,000,
to carry out the grant program for the National Flagship
Language Initiative under section 802(a)(1)(D).
"(b) Availability of Appropriated Funds.--Amounts
appropriated pursuant to the authorization of appropriations
under subsection (a) shall remain available until expended.".
(c) Effective Date.--The amendments made by this section
shall take effect on the date the Secretary of Defense submits
the report required under section 334 of this Act and notifies
the appropriate committees of Congress (as defined in
subsection (c) of that section) that the programs carried out
under the David L. Boren National Security Education Act of
1991 are being managed in a fiscally and programmatically sound
manner.
(d) Construction.--Nothing in this section shall be
construed as affecting any program or project carried out under
the David L. Boren National Security Education Act of 1991 as
in effect on the date that precedes the date of the enactment
of this Act.
SEC. 334. REPORT ON THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the matters described in subsection (b) with respect to the
David L. Boren National Security Education Act of 1991 (50
U.S.C. 1901 et seq.).
(b) Covered Matters.--The matters described in this
subsection are as follows:
(1) Effectiveness of program.--An evaluation of the
National Security Education Program, including an
assessment of the effectiveness of the program in
meeting its goals and an assessment of the
administrative costs of the program in relation to the
amounts of scholarships, fellowships, and grants
awarded.
(2) Conversion of funding.--An assessment of the
advisability of converting funding of the National
Security Education Program from funding through the
National Security Education Trust Fund under section
804 of that Act (50 U.S.C. 1904) to funding through
appropriations.
(3) Recommendations.--On any matter covered by
paragraph (1) or (2), such recommendations for
legislation with respect to such matter as the
Secretary considers appropriate.
(c) Appropriate Committees of Congress Defined.--In this
section, the term "appropriate committees of Congress"
means--
(1) the Select Committee on Intelligence and the
Committees on Armed Services and Appropriations of the
Senate; and
(2) the Permanent Select Committee on Intelligence
and the Committees on Armed Services and Appropriations
of the House of Representatives.
Subtitle E--Terrorism
SEC. 341. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) Establishment.--The Director of Central Intelligence,
acting as the head of the intelligence community, shall
establish in the Central Intelligence Agency an element
responsible for conducting all-source intelligence analysis of
information relating to the financial capabilities, practices,
and activities of individuals, groups, and nations associated
with international terrorism in their activities relating to
international terrorism.
(b) Designation.--The element established under subsection
(a) shall be known as the Foreign Terrorist Asset Tracking
Center.
(c) Deadline for Establishment.--The element required by
subsection (a) shall be established as soon as practicable
after the date of the enactment of this Act, but not later than
90 days after that date.
SEC. 342. SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS (FITA).
(a) Semiannual Report.--
(1) In general.--Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.) is amended by
adding at the end the following new section:
"SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST ASSETS
"Sec. 118. (a) Semiannual Report.--On a semiannual basis,
the Secretary of the Treasury (acting through the head of the
Office of Intelligence Support) shall submit a report to the
appropriate congressional committees that fully informs the
committees concerning operations against terrorist financial
networks. Each such report shall include with respect to the
preceding six-month period--
"(1) the total number of asset seizures,
designations, and other actions against individuals or
entities found to have engaged in financial support of
terrorism;
"(2) the total number of applications for asset
seizure and designations of individuals or entities
suspected of having engaged in financial support of
terrorist activities that were granted, modified, or
denied;
"(3) the total number of physical searches of
offices, residences, or financial records of
individuals or entities suspected of having engaged in
financial support for terrorist activity; and
"(4) whether the financial intelligence
information seized in these cases has been shared on a
full and timely basis with all departments, agencies,
and other entities of the United States Government
involved in intelligence activities participating in
the Foreign Terrorist Asset Tracking Center.
"(b) Immediate Notification for Emergency Designation.--In
the case of a designation of an individual or entity, or the
assets of an individual or entity, as having been found to have
engaged in terrorist activities, the Secretary of the Treasury
shall report such designation within 24 hours of such a
designation to the appropriate congressional committees.
"(c) Submittal Date of Reports to Congressional
Intelligence Committees.--In the case of the reports required
to be submitted under subsection (a) to the congressional
intelligence committees, the submittal dates for such reports
shall be as provided in section 507.
"(d) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means the following:
"(1) The Permanent Select Committee on
Intelligence, the Committee on Appropriations, and the
Committee on Financial Services of the House of
Representatives.
"(2) The Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.".
(2) Clerical amendment.--The table of contents
contained in the first section of such Act is amended
by inserting after the item relating to section 117 the
following new item:
"Sec. 118. Semiannual report on financial intelligence on terrorist
assets.".
(b) Conforming Amendment.--Section 501(f) of the National
Security Act of 1947 (50 U.S.C. 413(f)) is amended by inserting
before the period the following: ", and includes financial
intelligence activities".
SEC. 343. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
(a) Requirement.--(1) The Director of Central Intelligence,
acting as head of the Intelligence Community, shall--
(A) establish and maintain a list of individuals
who are known or suspected international terrorists,
and of organizations that are known or suspected
international terrorist organizations; and
(B) ensure that pertinent information on the list
is shared with the departments, agencies, and
organizations described by subsection (c).
(2) The list under paragraph (1), and the mechanisms for
sharing information on the list, shall be known as the
"Terrorist Identification Classification System".
(b) Administration.--(1) The Director shall prescribe
requirements for the inclusion of an individual or organization
on the list required by subsection (a), and for the deletion or
omission from the list of an individual or organization
currently on the list.
(2) The Director shall ensure that the information utilized
to determine the inclusion, or deletion or omission, of an
individual or organization on or from the list is derived from
all-source intelligence.
(3) The Director shall ensure that the list is maintained
in accordance with existing law and regulations governing the
collection, storage, and dissemination of intelligence
concerning United States persons.
(c) Information Sharing.--Subject to section 103(c)(6) of
the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)),
relating to the protection of intelligence sources and methods,
the Director shall provide for the sharing of the list, and
information on the list, with such departments and agencies of
the Federal Government, State and local government agencies,
and entities of foreign governments and international
organizations as the Director considers appropriate.
(d) Reporting and Certification.--(1) The Director shall
review on an annual basis the information provided by various
departments and agencies for purposes of the list under
subsection (a) in order to determine whether or not the
information so provided is derived from the widest possible
range of intelligence available to such departments and
agencies.
(2) The Director shall, as a result of each review under
paragraph (1), certify whether or not the elements of the
intelligence community responsible for the collection of
intelligence related to the list have provided information for
purposes of the list that is derived from the widest possible
range of intelligence available to such department and
agencies.
(e) Report on Criteria for Information Sharing.--(1) Not
later then March 1, 2003, the Director shall submit to the
congressional intelligence committees a report describing the
criteria used to determine which types of information on the
list required by subsection (a) are to be shared, and which
types of information are not to be shared, with various
departments and agencies of the Federal Government, State and
local government agencies, and entities of foreign governments
and international organizations.
(2) The report shall include a description of the
circumstances in which the Director has determined that sharing
information on the list with the departments and agencies of
the Federal Government, and of State and local governments,
described by subsection (c) would be inappropriate due to the
concerns addressed by section 103(c)(6) of the National
Security Act of 1947, relating to the protection of sources and
methods, and any instance in which the sharing of information
on the list has been inappropriate in light of such concerns.
(f) System Administration Requirements.--(1) The Director
shall, to the maximum extent practicable, ensure
theinteroperability of the Terrorist Identification Classification
System with relevant information systems of the departments and
agencies of the Federal Government, and of State and local governments,
described by subsection (c).
(2) The Director shall ensure that the System utilizes
technologies that are effective in aiding the identification of
individuals in the field.
(g) Report on Status of System.--(1) Not later than one
year after the date of the enactment of this Act, the Director
shall, in consultation with the Director of Homeland Security,
submit to the congressional intelligence committees a report on
the status of the Terrorist Identification Classification
System. The report shall contain a certification on the
following:
(A) Whether the System contains the intelligence
information necessary to facilitate the contribution of
the System to the domestic security of the United
States.
(B) Whether the departments and agencies having
access to the System have access in a manner that
permits such departments and agencies to carry out
appropriately their domestic security responsibilities.
(C) Whether the System is operating in a manner
that maximizes its contribution to the domestic
security of the United States.
(D) If a certification under subparagraph (A), (B),
or (C) is in the negative, the modifications or
enhancements of the System necessary to ensure a future
certification in the positive.
(2) The report shall be submitted in unclassified form, but
may include a classified annex.
(h) Congressional Intelligence Committees Defined.--In this
section, the term "congressional intelligence committees"
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
Subtitle F--Other Matters
SEC. 351. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION OF
DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM
OFFICE.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108; 22 U.S.C. 7301 note; 115
Stat. 1401) is amended--
(1) in the heading, by striking "ONE-YEAR" and
inserting "TWO-YEAR"; and
(2) in the text, by striking "October 1, 2002"
and inserting "October 1, 2003".
SEC. 352. STANDARDIZED TRANSLITERATION OF NAMES INTO THE ROMAN
ALPHABET.
(a) Method of Transliteration Required.--Not later than 180
days after the date of the enactment of this Act, the Director
of Central Intelligence shall provide for a standardized method
for transliterating into the Roman alphabet personal and place
names originally rendered in any language that uses an alphabet
other than the Roman alphabet.
(b) Use by Intelligence Community.--The Director shall
ensure the use of the method established under subsection (a)
in--
(1) all communications among the elements of the
intelligence community; and
(2) all intelligence products of the intelligence
community.
SEC. 353. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES IN
NATIONAL SECURITY ACT OF 1947.
(a) In General.--Section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended by adding at the end the
following new paragraph:
"(7) The term `congressional intelligence
committees' means--
"(A) the Select Committee on Intelligence
of the Senate; and
"(B) the Permanent Select Committee on
Intelligence of the House of
Representatives.".
(b) Conforming Amendments.--(1) That Act is further amended
by striking "Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives" and inserting "congressional intelligence
committees" in each of the following provisions:
(A) Section 104(d)(4) (50 U.S.C. 403-4(d)(4)).
(B) Section 603(a) (50 U.S.C. 423(a)).
(2) That Act is further amended by striking "Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate" and inserting "congressional intelligence
committees" in each of the following provisions:
(A) Section 301(j) (50 U.S.C. 409a(j)).
(B) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(C) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking "intelligence
committees" and inserting "congressional intelligence
committees" each place it appears in each of the following
provisions:
(A) Section 501 (50 U.S.C. 413).
(B) Section 502 (50 U.S.C. 413a).
(C) Section 503 (50 U.S.C. 413b).
(D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(4) Section 104(d)(5) of that Act (50 U.S.C. 403-4(d)(5))
is amended by striking "Select Committee on Intelligence of
the Senate and to the Permanent Select Committee on
Intelligence of the House of Representatives" and inserting
"congressional intelligence committees".
(5) Section 105C(a)(3)(C) of that Act (50 U.S.C. 403-
5c(a)(3)(C)) is amended--
(A) by striking clauses (i) and (ii) and inserting
the following new clause (i):
"(i) The congressional intelligence
committees."; and
(B) by redesignating clauses (iii), (iv), (v), and
(vi) as clauses (ii), (iii), (iv), and (v),
respectively.
(6) Section 114 of that Act (50 U.S.C. 404i), as amended by
section 324, is amended by striking subsection (d), as so
redesignated, and inserting the following new subsection (d):
"(d) Congressional Leadership Defined.--In this section,
the term `congressional leadership' means the Speaker and the
minority leader of the House of Representatives and the
majority leader and the minority leader of the Senate.".
(7) Section 501(a) of that Act (50 U.S.C. 413(a)), as
amended by paragraph (3) of this subsection, is further
amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(8) Section 503(c)(4) of that Act (50 U.S.C. 413b(c)(4)) is
amended by striking "intelligence committee" and inserting
"congressional intelligence committee".
(9) Section 602(c) of that Act (50 U.S.C. 422(c)) is
amended by striking "the Select Committee on Intelligence of
the Senate or to the Permanent Select Committee on Intelligence
of the House of Representatives" and inserting "either
congressional intelligence committee".
(10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking "intelligence committees of the Congress"
and inserting "congressional intelligence committees".
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 403-4 note) is amended--
(1) in subsection (f), by striking "September 30,
2003" and inserting "September 30, 2005"; and
(2) in subsection (i), by striking "or 2003" and
inserting "2003, 2004, or 2005".
SEC. 402. IMPLEMENTATION OF COMPENSATION REFORM PLAN.
(a) Delay on Implementation on Compensation Reform Plan.--
(1) The Director of Central Intelligence may not implement
before the implementation date (described in paragraph (2)) a
plan for the compensation of employees of the Central
Intelligence Agency that differs from the plan in effect on
October 1, 2002.
(2) The implementation date referred to in paragraph (1) is
February 1, 2004, or the date on which the Director submits to
the congressional intelligence committees a report on the pilot
project conducted under subsection (b), whichever is later.
(3) It is the sense of Congress that an employee
performance evaluation mechanism with evaluation training for
managers and employees of the Central Intelligence Agency
should be phased in before the implementation of any new
compensation plan.
(b) Pilot Project.--(1) The Director shall conduct a pilot
project to test the efficacy and fairness of a plan for the
compensation of employees of the Central Intelligence Agency
that differs from the plan in effect on October 1, 2002, within
any one component of the Central Intelligence Agency selected
by the Director, other than a component for which a pilot
project on employee compensation has been previously conducted.
(2) The pilot project under paragraph (1) shall be
conducted for a period of at least 1 year.
(3) Not later than the date that is 45 days after the
completion of the pilot project under paragraph (1), the
Director shall submit to the congressional intelligence
committees a report that contains an evaluation of the project
and such recommendations as the Director considers appropriate
for the modification of the plans for the compensation of
employees throughout the Agency which are in effect on such
date.
(c) Sense of Congress on Implementation of Compensation
Reform Plan for the National Security Agency.--It is the sense
of Congress that--
(1) the Director of the National Security Agency
should not implement before February 1, 2004, a plan
for the compensation of employees of the National
Security Agency that differs from the plan in effect on
October 1, 2002; and
(2) an employee performance evaluation mechanism
with evaluation training for managers and employees of
the National Security Agency should be phased in before
the implementation of any new compensation plan.
(d) Congressional Intelligence Committees Defined.--In this
section, the term "congressional intelligence committees"
means the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
(a) Authority.--Funds designated for intelligence or
intelligence-related purposes for assistance to the Government
of Colombia for counterdrug activities for fiscal years 2002
and 2003, and any unobligated funds available to any element of
the intelligence community for such activities for a prior
fiscal year, shall be available to support a unified campaign
against narcotics trafficking and against activities by
organizations designated as terrorist organizations (such as
the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of
Colombia (AUC)), and to take actions to protect human health
and welfare in emergency circumstances, including undertaking
rescue operations.
(b) Requirement for Certification.--(1) The authorities
provided in subsection (a) shall not be exercised until the
Secretary of Defense certifies to the Congress that the
provisions of paragraph (2) have been complied with.
(2) In order to ensure the effectiveness of United States
support for such a unified campaign, prior to the exercise of
the authority contained in subsection (a), the Secretary of
State shall report to the appropriate committees of Congress
that the newly elected President of Colombia has--
(A) committed, in writing, to establish
comprehensive policies to combat illicit drug
cultivation, manufacturing, and trafficking
(particularly with respect to providing
economic opportunities that offer viable
alternatives to illicit crops) and to restore
government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations;
(B) committed, in writing, to implement
significant budgetary and personnel reforms of
the Colombian Armed Forces; and
(C) committed, in writing, to support
substantial additional Colombian financial and
other resources to implement such policies and
reforms, particularly to meet the country's
previous commitments under "Plan Colombia".
In this paragraph, the term "appropriate committees of
Congress" means the Permanent Select Committee on Intelligence
and the Committees on Appropriations and Armed Services of the
House of Representatives and the Select Committee on
Intelligence and the Committees on Appropriations and Armed
Services of the Senate.
(c) Termination of Authority.--The authority provided in
subsection (a) shall cease to be effective if the Secretary of
Defense has credible evidence that the Colombian Armed Forces
are not conducting vigorous operations to restore government
authority and respect for human rights in areas under the
effective control of paramilitary and guerrilla organizations.
(d) Application of Certain Provisions of Law.--Sections
556, 567, and 568 of Public Law 107-115, section 8093 of the
Department of Defense Appropriations Act, 2002, and the
numerical limitations on the number of United States military
personnel and United States individual civilian contractors in
section 3204(b)(1) of Public Law 106-246 shall be applicable to
funds made available pursuant to the authority contained in
subsection (a).
(e) Limitation on Participation of United States
Personnel.--No United States Armed Forces personnel or United
States civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available under this section, except for the
purpose of acting in self defense or rescuing any United States
citizen to include United States Armed Forces personnel, United
States civilian employees, and civilian contractors employed by
the United States.
SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 105C (50 U.S.C. 403-5c) the following new section:
"PROTECTION OF OPERATIONAL FILES OF THE NATIONAL RECONNAISSANCE OFFICE
"Sec. 105D. (a) Exemption of Certain Operational Files
From Search, Review, Publication, or Disclosure.--(1) The
Director of the National Reconnaissance Office, with the
coordination of the Director of Central Intelligence, may
exempt operational files of the National Reconnaissance Office
from the provisions of section 552 of title 5, United States
Code, which require publication, disclosure, search, or review
in connection therewith.
"(2)(A) Subject to subparagraph (B), for the purposes of
this section, the term `operational files' means files of the
National Reconnaissance Office (hereafter in this section
referred to as `NRO') that document the means by which foreign
intelligence or counterintelligence is collected through
scientific and technical systems.
"(B) Files which are the sole repository of disseminated
intelligence are not operational files.
"(3) Notwithstanding paragraph (1), exempted operational
files shall continue to be subject to search and review for
information concerning--
"(A) United States citizens or aliens lawfully
admitted for permanent residence who have requested
information on themselves pursuant to the provisions of
section 552 or 552a of title 5, United States Code;
"(B) any special activity the existence of which
is not exempt from disclosure under the provisions of
section 552 of title 5, United States Code; or
"(C) the specific subject matter of an
investigation by any of the following for any
impropriety, or violation of law, Executive order, or
Presidential directive, in the conduct of an
intelligence activity:
"(i) The Permanent Select Committee on
Intelligence of the House of Representatives.
"(ii) The Select Committee on Intelligence
of the Senate.
"(iii) The Intelligence Oversight Board.
"(iv) The Department of Justice.
"(v) The Office of General Counsel of NRO.
"(vi) The Office of the Director of NRO.
"(4)(A) Files that are not exempted under paragraph (1)
which contain information derived or disseminated from exempted
operational files shall be subject to search and review.
"(B) The inclusion of information from exempted
operational files in files that are not exempted under
paragraph (1) shall not affect the exemption under paragraph
(1) of the originating operational files from search, review,
publication, or disclosure.
"(C) The declassification of some of the information
contained in exempted operational files shall not affect the
status of the operational file as being exempt from search,
review, publication, or disclosure.
"(D) Records from exempted operational files which have
been disseminated to and referenced in files that are not
exempted under paragraph (1) and which have been returned to
exempted operational files for sole retention shall be subject
to search and review.
"(5) The provisions of paragraph (1) may not be superseded
except by a provision of law which is enacted after the date of
the enactment of this section, and which specifically cites and
repeals or modifies its provisions.
"(6)(A) Except as provided in subparagraph (B), whenever
any person who has requested agency records under section 552
of title 5, United States Code, alleges that NRO has withheld
records improperly because of failure to comply with any
provision of this section, judicial review shall be available
under the terms set forth in section 552(a)(4)(B) of title 5,
United States Code.
"(B) Judicial review shall not be available in the manner
provided for under subparagraph (A) as follows:
"(i) In any case in which information specifically
authorized under criteria established by an Executive
order to be kept secret in the interests of national
defense or foreign relations is filed with, or produced
for, the court by NRO, such information shall be
examined ex parte, in camera by the court.
"(ii) The court shall, to the fullest extent
practicable, determine the issues of fact based on
sworn written submissions of the parties.
"(iii) When a complainant alleges that requested
records are improperly withheld because of improper
placement solely in exempted operational files, the
complainant shall support such allegation with a sworn
written submission based upon personal knowledge or
otherwise admissible evidence.
"(iv)(I) When a complainant alleges that requested
records were improperly withheld because of improper
exemption of operational files, NRO shall meet its
burden under section 552(a)(4)(B) of title 5, United
States Code, by demonstrating to the court by sworn
written submission that exempted operational files
likely to contain responsiblerecords currently perform
the functions set forth in paragraph (2).
"(II) The court may not order NRO to review the
content of any exempted operational file or files in
order to make the demonstration required under
subclause (I), unless the complainant disputes NRO's
showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
"(v) In proceedings under clauses (iii) and (iv),
the parties may not obtain discovery pursuant to rules
26 through 36 of the Federal Rules of Civil Procedure,
except that requests for admissions may be made
pursuant to rules 26 and 36.
"(vi) If the court finds under this paragraph that
NRO has improperly withheld requested records because
of failure to comply with any provision of this
subsection, the court shall order NRO to search and
review the appropriate exempted operational file or
files for the requested records and make such records,
or portions thereof, available in accordance with the
provisions of section 552 of title 5, United States
Code, and such order shall be the exclusive remedy for
failure to comply with this subsection.
"(vii) If at any time following the filing of a
complaint pursuant to this paragraph NRO agrees to
search the appropriate exempted operational file or
files for the requested records, the court shall
dismiss the claim based upon such complaint.
"(viii) Any information filed with, or produced
for the court pursuant to clauses (i) and (iv) shall be
coordinated with the Director of Central Intelligence
prior to submission to the court.
"(b) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of the National
Reconnaissance Office and the Director of Central Intelligence
shall review the exemptions in force under subsection (a)(1) to
determine whether such exemptions may be removed from the
category of exempted files or any portion thereof. The Director
of Central Intelligence must approve any determination to
remove such exemptions.
"(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest
in the subject matter of the particular category of files or
portions thereof and the potential for declassifying a
significant part of the information contained therein.
"(3) A complainant that alleges that NRO has improperly
withheld records because of failure to comply with this
subsection may seek judicial review in the district court of
the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding,
the court's review shall be limited to determining the
following:
"(A) Whether NRO has conducted the review required
by paragraph (1) before the expiration of the 10-year
period beginning on the date of the enactment of this
section or before the expiration of the 10-year period
beginning on the date of the most recent review.
"(B) Whether NRO, in fact, considered the criteria
set forth in paragraph (2) in conducting the required
review.".
(b) Clerical Amendment.--The table of sections for that Act
is amended by inserting after the item relating to section 105C
the following new item:
"Sec. 105D. Protection of operational files of the National
Reconnaissance Office.".
SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR LEVEL
POSITIONS FOR PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by
adding at the end the following new subsection:
"(c) Award of Rank to Employees in Intelligence Senior
Level Positions.--The President, based on the recommendations
of the Secretary of Defense, may award a rank referred to in
section 4507a of title 5 to employees in Intelligence Senior
Level positions designated under subsection (a). The award of
such rank shall be made in a manner consistent with the
provisions of that section.".
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 601. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on Terrorist Attacks Upon the United States (in this
title referred to as the "Commission").
SEC. 602. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes
relating to the terrorist attacks of September 11,
2001, occurring at the World Trade Center in New York,
New York, in Somerset County, Pennsylvania, and at the
Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies
regarding the facts and circumstances surrounding the
attacks;
(3) build upon the investigations of other
entities, and avoid unnecessary duplication, by
reviewing the findings, conclusions, and
recommendations of--
(A) the Joint Inquiry of the Select
Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of
the House of Representatives regarding the
terrorist attacks of September 11, 2001,
(hereinafter in this title referred to as the
"Joint Inquiry"); and
(B) other executive branch, congressional,
or independent commission investigations into
the terrorist attacks of September 11, 2001,
other terrorist attacks, and terrorism
generally;
(4) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent
of the United States' preparedness for, and immediate
response to, the attacks; and
(5) investigate and report to the President and
Congress on its findings, conclusions, and
recommendations for corrective measures that can be
taken to prevent acts of terrorism.
SEC. 603. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 1 member shall be appointed by the President,
who shall serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of
the Senate (majority or minority leader, as the case
may be) of the Democratic Party, in consultation with
the leader of the House of Representatives (majority or
minority leader, as the case may be) of the Democratic
Party, who shall serve as vice chairman of the
Commission;
(3) 2 members shall be appointed by the senior
member of the Senate leadership of the Democratic
Party;
(4) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Republican Party;
(5) 2 members shall be appointed by the senior
member of the Senate leadership of the Republican
Party; and
(6) 2 members shall be appointed by the senior
member of the leadership of the House of
Representatives of the Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5
members of the Commission shall be from the same
political party.
(2) Nongovernmental appointees.--An individual
appointed to the Commission may not be an officer or
employee of the Federal Government or any State or
local government.
(3) Other qualifications.--It is the sense of
Congress that individuals appointed to the Commission
should be prominent United States citizens, with
national recognition and significant depth of
experience in such professions as governmental service,
law enforcement, the armed services, law, public
administration, intelligence gathering, commerce
(including aviation matters), and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on or before December 15,
2002.
(5) Initial meeting.--The Commission shall meet and
begin the operations of the Commission as soon as
practicable.
(c) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 604. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and
circumstances relating to the terrorist attacks
of September 11, 2001, including any relevant
legislation, Executive Order, regulation, plan,
policy, practice, or procedure; and
(B) may include relevant facts and
circumstances relating to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant
visas, and border control;
(v) the flow of assets to terrorist
organizations;
(vi) commercial aviation;
(vii) the role of congressional
oversight and resource allocation; and
(viii) other areas of the public
and private sectors determined relevant
by the Commission for its inquiry;
(2) identify, review, and evaluate the lessons
learned from the terrorist attacks of September 11,
2001, regarding the structure, coordination, management
policies, and procedures of the Federal Government,
and, if appropriate, State and local governments and
nongovernmental entities, relative to detecting,
preventing, and responding to such terrorist attacks;
and
(3) submit to the President and Congress such
reports as are required by this title containing such
findings, conclusions, and recommendations as the
Commission shall determine, including proposing
organization, coordination, planning, management
arrangements, procedures, rules, and regulations.
(b) Relationship to Intelligence Committees' Inquiry.--When
investigating facts and circumstances relating to the
intelligence community, the Commission shall--
(1) first review the information compiled by, and
the findings, conclusions, and recommendations of, the
Joint Inquiry; and
(2) after that review pursue any appropriate area
of inquiry if the Commission determines that--
(A) the Joint Inquiry had not investigated
that area;
(B) the Joint Inquiry's investigation of
that area had not been complete; or
(C) new information not reviewed by the
Joint Inquiry had become available with respect
to that area.
SEC. 605. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on
the authority of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out
this title--
(A) hold such hearings and sit and act at
such times and places, take such testimony,
receive such evidence, administer such oaths;
and
(B) subject to paragraph (2)(A), require,
by subpoena or otherwise, the attendance and
testimony of such witnesses and the production
of such books, records, correspondence,
memoranda, papers, and documents, as the
Commission or such designated subcommittee or
designated member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be
issued under this subsection only--
(I) by the agreement of the
chairman and the vice chairman;
or
(II) by the affirmative
vote of 6 members of the
Commission.
(ii) Signature.--Subject to clause
(i), subpoenas issued under this
subsection may be issued under the
signature of the chairman or any member
designated by a majority of the
Commission, and may be served by any
person designated by the chairman or by
a member designated by a majority of
the Commission.
(B) Enforcement.--
(i) In general.--In the case of
contumacy or failure to obey a subpoena
issued under subsection (a), the United
States district court for the judicial
district in which the subpoenaed person
resides, is served, or may be found, or
where the subpoena is returnable, may
issue an order requiring such person to
appear at any designated place to
testify or to produce documentary or
other evidence. Any failure to obey the
order of the court may be punished by
the court as a contempt of that court.
(ii) Additional enforcement.--In
the case of any failure of any witness
to comply with any subpoena or to
testify when summoned under authority
of this section, the Commission may, by
majority vote, certify a statement of
fact constituting such failure to the
appropriate United States attorney, who
may bring the matter before the grand
jury for its action, under the same
statutory authority and procedures as
if the United States attorney had
received a certification under sections
102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192
through 194).
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this title.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of this title. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the
chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority
of the Commission.
(2) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive Orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The
Administrator of General Services shall provide to the
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's functions.
(2) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 606. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required
under section 610 (a) and (b).
(c) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive Order.
SEC. 607. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with
rules agreed upon by the Commission, may appoint and
fix the compensation of a staff director and such other
personnel as may be necessary to enable the Commission
to carry out its functions, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and
any personnel of the Commission who are
employees shall be employees under section 2105
of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of
that title.
(B) Members of commission.--Subparagraph
(A) shall not be construed to apply to members
of the Commission.
(b) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(c) Consultant Services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
SEC. 608. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
thesame manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b) of title
5, United States Code.
SEC. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to the
Commission members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements, except that no person shall be provided with
access to classified information under this title without the
appropriate security clearances.
SEC. 610. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(b) Final Report.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress a final report containing such
findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission
members.
(c) Termination.--
(1) In general.--The Commission, and all the
authorities of this title, shall terminate 60 days
after the date on which the final report is submitted
under subsection (b).
(2) Administrative activities before termination.--
The Commission may use the 60-day period referred to in
paragraph (1) for the purpose of concluding its
activities, including providing testimony to committees
of Congress concerning its reports and disseminating
the final report.
SEC. 611. FUNDING.
(a) Transfer From the National Foreign Intelligence
Program.--Of the amounts authorized to be appropriated by this
Act and made available in public law 107-248 (Department of
Defense Appropriations Act, 2003) for the National Foreign
Intelligence Program, not to exceed $3,000,000 shall be
available for transfer to the Commission for purposes of the
activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to
the Commission under subsection (a) shall remain available
until the termination of the Commission.
TITLE VII--INFORMATION SHARING
SEC. 701. SHORT TITLE.
This title may be cited as the "Homeland Security
Information Sharing Act".
SEC. 702. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Federal Government is required by the
Constitution to provide for the common defense, which
includes defense against terrorist attacks.
(2) The Federal Government relies on State and
local personnel to protect against terrorist attacks.
(3) The Federal Government collects, creates,
manages, and protects classified and sensitive but
unclassified information to enhance homeland security.
(4) Some homeland security information is needed by
the State and local personnel to prevent and prepare
for terrorist attacks.
(5) The needs of State and local personnel to have
access to relevant homeland security information to
combat terrorism must be reconciled with the need to
preserve the protected status of such information and
to protect the sources and methods used to acquire such
information.
(6) Granting security clearances to certain State
and local personnel is one way to facilitate the
sharing of information regarding specific terrorist
threats among Federal, State, and local levels of
government.
(7) Methods exist to declassify, redact, or
otherwise adapt classified information so it may be
shared with State and local personnel without the need
for granting additional security clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious
activities and terrorist threats not possessed by
Federal agencies.
(9) The Federal Government and State and local
governments and agencies in other jurisdictions may
benefit from such information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency
preparation and response agencies must act in
partnership to maximize the benefits of information
gathering and analysis to prevent and respond to
terrorist attacks.
(11) Information systems, including the National
Law Enforcement Telecommunications System and the
Terrorist Threat Warning System, have been established
for rapid sharing of classified and sensitive but
unclassified information among Federal, State, and
local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing
information systems.
(b) Sense of Congress.--It is the sense of Congress that
Federal, State, and local entities should share homeland
security information to the maximum extent practicable, with
special emphasis on hard-to-reach urban and rural communities.
SEC. 703. FACILITATING HOMELAND SECURITY INFORMATION SHARING
PROCEDURES.
(a) Procedures for Determining Extent of Sharing of
Homeland Security Information.--(1) The President shall
prescribe and implement procedures under which relevant Federal
agencies determine--
(A) whether, how, and to what extent homeland
security information may be shared with appropriate
State and local personnel, and with which such
personnel it may be shared;
(B) how to identify and safeguard homeland security
information that is sensitive but unclassified; and
(C) to the extent such information is in classified
form, whether, how, and to what extent to remove
classified information, as appropriate, and with which
such personnel it may be shared after such information
is removed.
(2) The President shall ensure that such procedures apply
to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive
requirements for the classification and safeguarding of
classified information.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security
Information.--(1) Under procedures prescribed by the President,
all appropriate agencies, including the intelligence community,
shall, through information sharing systems, share homeland
security information with appropriate State and local personnel
to the extent such information may be shared, as determined in
accordance with subsection (a), together with assessments of
the credibility of such information.
(2) Each information sharing system through which
information is shared under paragraph (1) shall--
(A) have the capability to transmit unclassified or
classified information, though the procedures and
recipients for each capability may differ;
(B) have the capability to restrict delivery of
information to specified subgroups by geographic
location, type of organization, position of a recipient
within an organization, or a recipient's need to know
such information;
(C) be configured to allow the efficient and
effective sharing of information; and
(D) be accessible to appropriate State and local
personnel.
(3) The procedures prescribed under paragraph (1) shall
establish conditions on the use of information shared under
paragraph (1)--
(A) to limit the redissemination of such
information to ensure that such information is not used
for an unauthorized purpose;
(B) to ensure the security and confidentiality of
such information;
(C) to protect the constitutional and statutory
rights of any individuals who are subjects of such
information; and
(D) to provide data integrity through the timely
removal and destruction of obsolete or erroneous names
and information.
(4) The procedures prescribed under paragraph (1) shall
ensure, to the greatest extent practicable, that the
information sharing system through which information is shared
under such paragraph include existing information sharing
systems, including, but not limited to, the National Law
Enforcement Telecommunications System, the Regional Information
Sharing System, and the Terrorist Threat Warning System of the
Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing system
through which information is shared under paragraph (1), and
shall therefore have access to all information, as appropriate,
shared under such paragraph.
(6) The procedures prescribed under paragraph (1) shall
ensure that appropriate State and local personnel are
authorized to use such information sharing systems--
(A) to access information shared with such
personnel; and
(B) to share, with others who have access to such
information sharing systems, the homeland security
information of their own jurisdictions, which shall be
marked appropriately as pertaining to potential
terrorist activity.
(7) Under procedures prescribed jointly by the Director of
Central Intelligence and the Attorney General, each appropriate
Federal agency, as determined by the President, shall review
and assess the information shared under paragraph (6) and
integrate such information with existing intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--(1)
The President shall prescribe procedures under which Federal
agencies may, to the extent the President considers necessary,
share with appropriate State and local personnel homeland
security information that remains classified or otherwise
protected after the determinations prescribed under the
procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may
include one or more of the following means:
(A) Carrying out security clearance investigations
with respect to appropriate State and local personnel.
(B) With respect to information that is sensitive
but unclassified, entering into nondisclosure
agreements with appropriate State and local personnel.
(C) Increased use of information-sharing
partnerships that include appropriate State and local
personnel, such as the Joint Terrorism Task Forces of
the Federal Bureau of Investigation, the Anti-Terrorism
Task Forces of the Department of Justice, and regional
Terrorism Early Warning Groups.
(d) Responsible Officials.--For each affected Federal
agency, the head of such agency shall designate an official to
administer this title with respect to such agency.
(e) Federal Control of Information.--Under procedures
prescribed under this section, information obtained by a State
or local government from a Federal agency under this section
shall remain under the control of the Federal agency, and a
State or local law authorizing or requiring such a government
to disclose information shall not apply to such information.
(f) Definitions.--As used in this section:
(1) The term "homeland security information"
means any information (other than information that
includes individually identifiable information
collected solely for statistical purposes) possessed by
a Federal, State, or local agency that--
(A) relates to the threat of terrorist
activity;
(B) relates to the ability to prevent,
interdict, or disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or
terrorist organization; or
(D) would improve the response to a
terrorist act.
(2) The term "intelligence community" has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(3) The term "State and local personnel" means
any of the following persons involved in prevention,
preparation, or response for terrorist attacks:
(A) State Governors, mayors, and other
locally elected officials.
(B) State and local law enforcement
personnel and firefighters.
(C) Public health and medical
professionals.
(D) Regional, State, and local emergency
management agency personnel, including State
adjutant generals.
(E) Other appropriate emergency response
agency personnel.
(F) Employees of private sector entities
that affect critical infrastructure, cyber,
economic, or public health security, as
designated by the Federal Government in
procedures developed pursuant to this section.
(4) The term "State" includes the District of
Columbia and any commonwealth, territory, or possession
of the United States.
SEC. 704. REPORT.
(a) Report Required.--Not later than 12 months after the
date of the enactment of this Act, the President shall submit
to the congressional committees specified in subsection (b) a
report on the implementation of section 703. The report shall
include any recommendations for additional measures or
appropriation requests, beyond the requirements of section 703,
to increase the effectiveness of sharing of information between
and among Federal, State, and local entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following
committees:
(1) The Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House of
Representatives.
(2) The Select Committee on Intelligence and the
Committee on the Judiciary of the Senate.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out section 703.
SEC. 706. COORDINATION PROVISION.
(a) Prior Enactment.--If this Act is enacted before the
Homeland Security Act of 2002, then upon the date of the
enactment of the Homeland Security Act of 2002, this title
shall be deemed for all purposes not to have taken effect and
shall cease to be in effect.
(b) Subsequent Enactment.--If the Homeland Security Act of
2002 is enacted before this Act, then this title shall not take
effect.
TITLE VIII--REPORTING REQUIREMENTS
Subtitle A--Overdue Reports
SEC. 801. DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS.
(a) Deadline.--The reports described in subsection (c)
shall be submitted to Congress not later than 180 days after
the date of the enactment of this Act.
(b) Noncompliance.--(1) If all the reports described in
subsection (c) are not submitted to Congress by the date
specified in subsection (a), amounts available to be obligated
or expended after that date to carry out the functions or
duties of the Office of the Director of Central Intelligence
shall be reduced by \1/3\.
(2) The reduction applicable under paragraph (1) shall not
apply if the Director of Central Intelligence certifies to
Congress by the date referred to in subsection (a) that all
reports referred to in subsection (c) have been submitted to
Congress.
(c) Reports Described.--The reports referred to in
subsection (a) are reports mandated by law for which the
Director of Central Intelligence has sole or primary
responsibility to prepare, coordinate, and submit to Congress
which, as of the date of the enactment of this Act, have not
been submitted to Congress.
Subtitle B--Submittal of Reports to Intelligence Committees
SEC. 811. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS
TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--(1) Title V of the National Security Act
of 1947 (50 U.S.C. 413 et seq.), as amended by section 311 of
this Act, is further amended by adding at the end the following
new section:
"DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS TO THE
CONGRESSIONAL INTELLIGENCE COMMITTEES
"Sec. 507. (a) Annual Reports.--(1) The date for the
submittal to the congressional intelligence committees of the
following annual reports shall be the date each year provided
in subsection (c)(1)(A):
"(A) The annual evaluation of the performance and
responsiveness of certain elements of the intelligence
community required by section 105(d).
"(B) The annual report on intelligence required by
section 109.
"(C) The annual report on intelligence community
cooperation with Federal law enforcement agencies
required by section 114(a)(2).
"(D) The annual report on the protection of the
identities of covert agents required by section 603.
"(E) The annual report of the Inspectors Generals
of the intelligence community on proposed resources and
activities of their offices required by section 8H(g)
of the Inspector General Act of 1978.
"(F) The annual report on commercial activities as
security for intelligence collection required by
section 437(c) of title 10, United States Code.
"(G) The annual report on expenditures for
postemployment assistance for terminated intelligence
employees required by section 1611(e)(2) of title 10,
United States Code.
"(H) The annual update on foreign industrial
espionage required by section 809(b) of the
Counterintelligence and Security Enhancements Act of
1994 (title VIII of Public Law 103-359; 50 U.S.C. App.
2170b(b)).
"(I) The annual report on coordination of
counterintelligence matters with the Federal Bureau of
Investigation required by section 811(c)(6) of the
Counterintelligence and Security Enhancements Act of
1994 (50 U.S.C. 402a(c)(6)).
"(J) The annual report on foreign companies
involved in the proliferation of weapons of mass
destruction that raise funds in the United States
capital markets required by section 827 of the
Intelligence Authorization Act for Fiscal Year 2003.
"(K) The annual report on certifications for
immunity in interdiction of aircraft engaged in illicit
drug trafficking required by section 1012(c)(2) of the
National Defense Authorization Act for Fiscal Year 1995
(22 U.S.C. 2291-4(c)(2)).
"(L) The annual report on exceptions to consumer
disclosure requirements for national security
investigations under section 604(b)(4)(E) of the Fair
Credit Reporting Act (15 U.S.C. 1681b(b)(4)(E)).
"(M) The annual report on activities under the
David L. Boren National Security Education Act of 1991
(title VIII of Public Law 102-183; 50 U.S.C. 1901 et
seq.) required by section 806(a) of that Act (50 U.S.C.
1906(a)).
"(N) The annual report on hiring and retention of
minority employees in the intelligence community
required by section 114(c).
"(2) The date for the submittal to the congressional
intelligence committees of the following annual reports shall
be the date each year provided in subsection (c)(1)(B):
"(A) The annual report on the safety and security
of Russian nuclear facilities and nuclear military
forces required by section 114(b).
"(B) The annual report on the threat of attack on
the United States from weapons of mass destruction
required by section 114(d).
"(C) The annual report on covert leases required
by section 114(e).
"(D) The annual report on improvements of the
financial statements of the intelligence community for
auditing purposes required by section 114A.
"(E) The annual report on activities of personnel
of the Federal Bureau of Investigation outside the
United States required by section 540C(c)(2) of title
28, United States Code.
"(F) The annual report on intelligence activities
of the People's Republic of China required by section
308(c) of the Intelligence Authorization Act for Fiscal
Year 1998 (Public Law 105-107; 50 U.S.C. 402a note).
"(G) The annual report on counterdrug intelligence
matters required by section 826 of the Intelligence
Authorization Act for Fiscal Year 2003.
"(b) Semiannual Reports.--The dates for the submittal to
the congressional intelligence committees of the
followingsemiannual reports shall be the dates each year provided in
subsection (c)(2):
"(1) The periodic reports on intelligence provided
to the United Nations required by section 112(b).
"(2) The semiannual reports on the Office of the
Inspector General of the Central Intelligence Agency
required by section 17(d)(1) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)).
"(3) The semiannual reports on decisions not to
prosecute certain violations of law under the
Classified Information Procedures Act (18 U.S.C. App.)
as required by section 13 of that Act.
"(4) The semiannual reports on the acquisition of
technology relating to weapons of mass destruction and
advanced conventional munitions required by section
721(b) of the Combatting Proliferation of Weapons of
Mass Destruction Act of 1996 (title VII of Public Law
104-293; 50 U.S.C. 2366(b)).
"(5) The semiannual reports on the activities of
the Diplomatic Telecommunications Service Program
Office (DTS-PO) required by section 322(a)(6)(D)(ii) of
the Intelligence Authorization Act for Fiscal Year 2001
(22 U.S.C. 7302(a)(6)(D)(ii)).
"(6) The semiannual reports on the disclosure of
information and consumer reports to the Federal Bureau
of Investigation for counterintelligence purposes
required by section 624(h)(2) of the Fair Credit
Reporting Act (15 U.S.C. 1681u(h)(2)).
"(7) The semiannual provision of information on
requests for financial information for foreign
counterintelligence purposes required by section
1114(a)(5)(C) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(5)(C)).
"(8) The semiannual report on financial
intelligence on terrorist assets required by section
118.
"(c) Submittal Dates for Reports.--(1)(A) Except as
provided in subsection (d), each annual report listed in
subsection (a)(1) shall be submitted not later than February 1.
"(B) Except as provided in subsection (d), each annual
report listed in subsection (a)(2) shall be submitted not later
than December 1.
"(2) Except as provided in subsection (d), each semiannual
report listed in subsection (b) shall be submitted not later
than February 1 and August 1.
"(d) Postponement of Submittal.--(1) Subject to paragraph
(3), the date for the submittal of--
"(A) an annual report listed in subsection (a)(1)
may be postponed until March 1;
"(B) an annual report listed in subsection (a)(2)
may be postponed until January 1; and
"(C) a semiannual report listed in subsection (b)
may be postponed until March 1 or September 1, as the
case may be,
if the official required to submit such report submits to the
congressional intelligence committees a written notification of
such postponement.
"(2)(A) Notwithstanding any other provision of law and
subject to paragraph (3), the date for the submittal to the
congressional intelligence committees of any report described
in subparagraph (B) may be postponed by not more than 30 days
from the date otherwise specified in the provision of law for
the submittal of such report if the official required to submit
such report submits to the congressional intelligence
committees a written notification of such postponement.
"(B) A report described in this subparagraph is any report
on intelligence or intelligence-related activities of the
United States Government that is submitted under a provision of
law requiring the submittal of only a single report.
"(3)(A) The date for the submittal of a report whose
submittal is postponed under paragraph (1) or (2) may be
postponed beyond the time provided for the submittal of such
report under such paragraph if the official required to submit
such report submits to the congressional intelligence
committees a written certification that preparation and
submittal of such report at such time will impede the work of
officers or employees of the intelligence community in a manner
that will be detrimental to the national security of the United
States.
"(B) A certification with respect to a report under
subparagraph (A) shall include a proposed submittal date for
such report, and such report shall be submitted not later than
that date.".
(2) The table of sections for the National Security Act of
1947, as amended by section 311 of this Act, is further amended
by inserting after the item relating to section 506 the
following new item:
"Sec. 507. Dates for submittal of various annual and semiannual reports
to the congressional intelligence committees.".
(b) Conforming Amendments to Existing Reporting
Requirements.--
(1) National security act of 1947.--(A) Subsection
(d) of section 105 of the National Security Act of 1947
(50 U.S.C. 403-5) is amended to read as follows:
"(d) Annual Evaluation of Performance and Responsiveness
of Certain Elements of Intelligence Community.--(1) Not later
each year than the date provided in section 507, the Director
shall submit to the congressional intelligence committees the
evaluation described in paragraph (3).
"(2) The Director shall submit each year to the Committee
on Foreign Intelligence of the National Security Council, and
to the Committees on Armed Services and Appropriations of the
Senate and House of Representatives, the evaluation described
in paragraph (3).
"(3) An evaluation described in this paragraph is an
evaluation of the performance and responsiveness of the
National Security Agency, the National Reconnaissance Office,
and the National Imagery and Mapping Agency in meeting their
respective national missions.
"(4) The Director shall submit each evaluation under this
subsection in consultation with the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff.".
(B) Section 109 of that Act (50 U.S.C. 404d) is
amended--
(i) in subsection (a), by striking
paragraph (1) and inserting the following new
paragraph (1):
"(1)(A) Not later each year than the date provided in
section 507, the President shall submit to the congressional
intelligence committees a report on the requirements of the
United States for intelligence and the activities of the
intelligence community.
"(B) Not later than January 31 each year, and included
with the budget of the President for the next fiscal year under
section 1105(a) of title 31, United States Code, the President
shall submit to the appropriate congressional committees the
report described in subparagraph (A).";
(ii) in subsection (c), as amended by
section 803(a) of the Intelligence Renewal and
Reform Act of 1996 (title VIII of Public Law
104-293; 110 Stat. 3475)--
(I) in paragraph (1), by striking
"The Select Committee on Intelligence,
the Committee on Appropriations," and
inserting "The Committee on
Appropriations"; and
(II) in paragraph (2), by striking
"The Permanent Select Committee on
Intelligence, the Committee on
Appropriations," and inserting "The
Committee on Appropriations"; and
(iii) by striking subsection (c), as added
by section 304(a) of the Intelligence
Authorization Act for Fiscal Year 1994 (Public
Law 103-178; 107 Stat. 2034).
(C) Section 112(b) of that Act (50 U.S.C. 404g(b))
is amended by adding at the end the following new
paragraph:
"(3) In the case of periodic reports required to be
submitted under the first sentence of paragraph (1) to the
congressional intelligence committees, the submittal dates for
such reports shall be as provided in section 507.".
(D) Section 114 of that Act (50 U.S.C. 404i) is
amended--
(i) in subsection (a)--
(I) in paragraph (1), by striking
"the congressional intelligence
committees and";
(II) by redesignating paragraphs
(2) and (3) as paragraphs (3) and (4),
respectively; and
(III) by inserting after paragraph
(1) the following new paragraph (2):
"(2) Not later each year than the date provided in section
507, the Director shall submit to the congressional
intelligence committees the report required to be submitted
under paragraph (1) during the preceding year."; and
(ii) in subsection (b)(1), by striking ",
on an annual basis" and all that follows
through "leadership" and inserting "submit
to the congressional leadership on an annual
basis, and to the congressional intelligence
committees on the date each year provided in
section 507,".
(E) Section 603 of that Act (50 U.S.C. 423) is
amended--
(i) in subsection (a), by adding at the end
the following new sentence: "The date for the
submittal of the report shall be the date
provided in section 507."; and
(ii) in subsection (b), by striking the
second sentence.
(2) Central intelligence agency act of 1949.--
Section 17(d)(1) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403q(d)(1)) is amended in the second
sentence by striking "Within thirty days of receipt of
such reports," and inserting "Not later than the
dates each year provided for the transmittal of such
reports in section 507 of the National Security Act of
1947,".
(3) Classified information procedures act.--Section
13 of the Classified Information Procedures Act (18
U.S.C. App.) is amended--
(A) by redesignating subsection (b) as
subsection (c); and
(B) by inserting after subsection (a) the
following new subsection (b):
"(b) In the case of the semiannual reports (whether oral
or written) required to be submitted under subsection (a) to
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate, the submittal dates for such reports shall be as
provided in section 507 of the National Security Act of
1947.".
(4) Title 10, united states code.--(A) Section 437
of title 10, United States Code, is amended--
(i) in subsection (c), by striking "Not
later than" and all that follows through "of
Congress" and inserting "Not later each year
than the date provided in section 507 of the
National Security Act of 1947, the Secretary
shall submit to the congressional intelligence
committees (as defined in section 3 of that Act
(50 U.S.C. 401a))"; and
(ii) by striking subsection (d).
(B) Section 1611(e) of that title is amended--
(i) in paragraph (1), by striking
"paragraph (2)" and inserting "paragraph
(3)";
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following new paragraph (2):
"(2) In the case of a report required to be submitted
under paragraph (1) to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence
of the House of Representatives, the date for the submittal of
such report shall be as provided in section 507 of the National
Security Act of 1947.".
(5) Intelligence authorization acts.--(A) Section
809 of the Counterintelligence and Security
Enhancements Act of 1994 (title VIII of Public Law 103-
359; 108 Stat. 3454; 50 U.S.C. App. 2170b) is amended
by striking subsection (b) and inserting the following
new subsection (b):
"(b) Annual Update.--
"(1) Submittal to congressional intelligence
committees.--Not later each year than the date provided
in section 507 of the National Security Act of 1947,
the President shall submit to the congressional
intelligence committees a report updating the
information referred to in subsection (a)(1)(D).
"(2) Submittal to congressional leadership.--Not
later than April 14 each year, the President shall
submit to the congressional leadership a report
updating the information referred to in subsection
(a)(1)(D).
"(3) Definitions.--In this subsection:
"(A) Congressional intelligence
committees.--The term `congressional
intelligence committees' has the meaning given
that term in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a).
"(B) Congressional leadership.--The term
`congressional leadership' means the Speaker
and the minority leader of the House of
Representatives and the majority leader and the
minority leader of the Senate.".
(B) Paragraph (6) of section 811(c) of that Act (50
U.S.C. 402a(c)) is amended to read as follows:
"(6)(A) Not later each year than the date provided in
section 507 of the National Security Act of 1947, the Director
of the Federal Bureau of Investigation shall submit to the
congressional intelligence committees (as defined in section 3
of that Act (50 U.S.C. 401a)) a report with respect to
compliance with paragraphs (1) and (2) during the previous
calendar year.
"(B) Not later than February 1 each year, the Director
shall, in accordance with applicable security procedures,
submit to the Committees on the Judiciary of the Senate and
House of Representatives a report with respect to compliance
with paragraphs (1) and (2) during the previous calendar year.
"(C) The Director of the Federal Bureau of Investigation
shall submit each report under this paragraph in consultation
with the Director of Central Intelligence and the Secretary of
Defense.".
(C) Section 721 of the Combatting Proliferation of
Weapons of Mass Destruction Act of 1996 (title VII of
Public Law 104-293; 110 Stat. 3474; 50 U.S.C. 2366) is
amended--
(i) in subsection (a), by striking "Not
later than" and all that follows through "the
Director" and inserting "The Director";
(ii) by redesignating subsection (b) as
subsection (c);
(iii) by inserting after subsection (a) the
following new subsection (b):
"(b) Submittal Dates.--(1) The report required by
subsection (a) shall be submitted each year to the
congressional intelligence committees and the congressional
leadership on a semiannual basis on the dates provided in
section 507 of the National Security Act of 1947.
"(2) In this subsection:
"(A) The term `congressional intelligence
committees' has the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C.
401a).
"(B) The term `congressional leadership' means the
Speaker and the minority leader of the House of
Representatives and the majority leader and the
minority leader of the Senate."; and
(iv) in subsection (c), as so redesignated,
by striking "The reports" and inserting
"Each report".
(D) Section 308 of the Intelligence Authorization
Act for Fiscal Year 1998 (Public Law 105-107; 111 Stat.
2253; 50 U.S.C. 402a note) is amended--
(i) in subsection (a)--
(I) by striking "Not later than"
and all that follows through "the
Director of Central Intelligence" and
inserting "The Director of Central
Intelligence"; and
(II) by inserting "on an annual
basis" after "to Congress"; and
(ii) by adding at the end the end the
following new subsection (c):
"(c) Submittal Date of Report to Leadership of
Congressional Intelligence Committees.--The date each year for
the submittal to the Chairman and Ranking Member of the
Permanent Select Committee on Intelligence of the House of
Representatives and the Chairman and Vice Chairman of the
Select Committee on Intelligence of the Senate of the report
required by subsection (a) shall be the date provided in
section 507 of the National Security Act of 1947.".
(E) Section 322(a)(6)(D) of the Intelligence
Authorization Act for Fiscal Year 2001 (Public Law 106-
567; 114 Stat. 2844; 22 U.S.C. 7302(a)(6)(D)) is
amended--
(i) in clause (i), by striking "Beginning
on" and inserting "Except as provided in
clause (ii), beginning on";
(ii) by redesignating clause (ii) as clause
(iii);
(iii) by inserting after clause (i) the
following new clause (ii):
"(ii) Submittal date of reports to
congressional intelligence
committees.--In the case of reports
required to be submitted under clause
(i) to the congressional intelligence
committees (as defined in section 3 of
the National Security Act of 1947 (50
U.S.C. 401a)), the submittal dates for
such reports shall be as provided in
section 507 of that Act."; and
(iv) in clause (iii), as so redesignated,
by striking "report" and inserting
"reports".
(6) Public law 103-337.--Section 1012(c) of the
National Defense Authorization Act for Fiscal Year 1995
(22 U.S.C. 2291-4(c)) is amended--
(A) in paragraph (1), by striking "Not
later than" and inserting "Except as provided
in paragraph (2), not later than";
(B) by redesignating paragraph (2) as
paragraph (3); and
(C) by inserting after paragraph (1) the
following new paragraph (2):
"(2) In the case of a report required to be submitted
under paragraph (1) to the congressional intelligence
committees (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), the submittal date for such
report shall be as provided in section 507 of that Act.".
(7) David l. boren national security education act
of 1991.--The David L. Boren National Security
Education Act of 1991 (title VIII of Public Law 102-
183; 50 U.S.C. 1901 et seq.) is amended--
(A) in section 806(a) (50 U.S.C. 1906(a))--
(i) by inserting "(1)" before
"The Secretary";
(ii) in paragraph (1), as so
designated, by striking "the
Congress" and inserting "the
congressional intelligence
committees";
(iii) by designating the second
sentence as paragraph (2) and by
aligning such paragraph with the
paragraph added by clause (v);
(iv) in paragraph (2), as so
designated, by inserting "submitted to
the President" after "The report";
and
(v) by adding at the end the
following new paragraph (3):
"(3) The report submitted to the congressional
intelligence committees shall be submitted on the date provided
in section 507 of the National Security Act of 1947."; and
(B) in section 808 (50 U.S.C. 1908), by
adding at the end the following new paragraph
(5):
"(5) The term `congressional intelligence
committees' means--
"(A) the Select Committee on Intelligence
of the Senate; and
"(B) the Permanent Select Committee on
Intelligence of the House of
Representatives.".
(8) Fair credit reporting act.--(A) Section
604(b)(4) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)) is amended--
(i) in subparagraph (D), by striking "Not
later than" and inserting "Except as provided
in subparagraph (E), not later than";
(ii) by redesignating subparagraph (E) as
subparagraph (F); and
(iii) by inserting after subparagraph (D)
the following new subparagraph (E):
"(E) Reports to congressional intelligence
committees.--In the case of a report to be
submitted under subparagraph (D) to the
congressional intelligence committees (as
defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), the submittal
date for such report shall be as provided in
section 507 of that Act.".
(B) Section 625(h) of that Act (15 U.S.C. 1681u(h))
is amended--
(i) by inserting "(1)" before "On a
semiannual basis,"; and
(ii) by adding at the end the following new
paragraph:
"(2) In the case of the semiannual reports required to be
submitted under paragraph (1) to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate, the submittal dates
for such reports shall be as provided in section 507 of the
National Security Act of 1947.".
(9) Right to financial privacy act of 1978.--
Section 1114(a)(5)(C) of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3414(a)(5)(C)) is amended by
striking "On a semiannual" and all that follows
through "the Senate" and inserting "On the dates
provided in section 507 of the National Security Act of
1947, the Attorney General shall fully inform the
congressional intelligence committees (as defined in
section 3 of that Act (50 U.S.C. 401a))".
Subtitle C--Recurring Annual Reports
SEC. 821. ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED STATES USING
WEAPONS OF MASS DESTRUCTION.
Section 114 of the National Security Act of 1947, as
amended by section 353(b)(6) of this Act, is further amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
"(d) Annual Report on Threat of Attack on the United
States Using Weapons of Mass Destruction.--(1) Not later each
year than the date provided in section 507, the Director shall
submit to the congressional committees specified in paragraph
(3) a report assessing the following:
"(A) The current threat of attack on the United
States using ballistic missiles or cruise missiles.
"(B) The current threat of attack on the United
States using a chemical, biological, or nuclear weapon
delivered by a system other than a ballistic missile or
cruise missile.
"(2) Each report under paragraph (1) shall be a national
intelligence estimate, or have the formality of a national
intelligence estimate.
"(3) The congressional committees referred to in paragraph
(1) are the following:
"(A) The congressional intelligence committees.
"(B) The Committees on Foreign Relations and Armed
Services of the Senate.
"(C) The Committees on International Relations and
Armed Services of the House of Representatives.".
SEC. 822. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as
amended by section 821 of this Act, is further amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
"(e) Annual Report on Covert Leases.--(1) Not later each
year than the date provided in section 507, the Director shall
submit to the congressional intelligence committees a report on
each covert lease of an element of the intelligence community
that is in force as of the end of the preceding year.
"(2) Each report under paragraph (1) shall include the
following:
"(A) A list of each lease described by that
paragraph.
"(B) For each lease--
"(i) the cost of such lease;
"(ii) the duration of such lease;
"(iii) the purpose of such lease; and
"(iv) the directorate or office that
controls such lease.".
SEC. 823. ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS OF
CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY FOR
AUDITING PURPOSES.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 114 the following new section:
"ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS FOR AUDITING
PURPOSES
"Sec. 114A. Not later each year than the date provided in
section 507, the Director of Central Intelligence, the Director
of the National Security Agency, the Director of the Defense
Intelligence Agency, and the Director of the National Imagery
and Mapping Agency shall each submit to the congressional
intelligence committees a report describing the activities
being undertaken by such official to ensure that the financial
statements of such agency can be audited in accordance with
applicable law and requirements of the Office of Management and
Budget.".
(b) Clerical Amendment.--The table of sections for the
National Security Act of 1947 is amended by inserting after the
item relating to section 114 the following new item:
"Sec. 114A. Annual report on improvement of financial statements for
auditing purposes.".
SEC. 824. ANNUAL REPORT ON ACTIVITIES OF FEDERAL BUREAU OF
INVESTIGATION PERSONNEL OUTSIDE THE UNITED STATES.
(a) Annual Report.--Chapter 33 of title 28, United States
Code, is amended by adding at the end the following new
section:
"Sec. 540C. Annual report on activities of Federal Bureau of
Investigation personnel outside the United States
"(a) The Director of the Federal Bureau of Investigation
shall submit to the appropriate committees of Congress each
year a report on the activities of personnel of the Federal
Bureau of Investigation outside the United States.
"(b) The report under subsection (a) shall include the
following:
"(1) For the year preceding the year in which the
report is required to be submitted--
"(A) the number of personnel of the Bureau
posted or detailed outside the United States
during the year;
"(B) a description of the coordination of
the investigations, asset handling, liaison,
and operational activities of the Bureau during
the year with other elements of the
intelligence community; and
"(C) a description of the extent to which
information derived from activities described
in subparagraph (B) was shared with other
elements of the intelligence community.
"(2) For the year in which the report is required
to be submitted--
"(A) a description of the plans, if any,
of the Director--
"(i) to modify the number of
personnel of the Bureau posted or
detailed outside the United States; or
"(ii) to modify the scope of the
activities of personnel of the Bureau
posted or detailed outside the United
States; and
"(B) a description of the manner and
extent to which information derived from
activities of the Bureau described in paragraph
(1)(B) during the year will be shared with
other elements of the intelligence community.
"(c) The date of the submittal each year of the report
required by subsection (a) shall be the date provided in
section 507 of the National Security Act of 1947.
"(d) In this section, the term `appropriate committees of
Congress' means--
"(1) the Committees on the Judiciary of the Senate
and House of Representatives; and
"(2) the congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 401a)).".
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 33 of that title is amended by inserting
after the item relating to section 540B the following new item:
"540C. Annual report on activities of Federal Bureau of Investigation
personnel outside the United States.".
SEC. 825. ANNUAL REPORTS OF INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY ON PROPOSED RESOURCES AND ACTIVITIES OF
THEIR OFFICES.
Section 8H of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (f), by striking "this section"
and inserting "subsections (a) through (e)";
(2) by redesignating subsection (g) as subsection
(h); and
(3) by inserting after subsection (f) the following
new subsection (g):
"(g)(1) The Inspector General of the Defense Intelligence
Agency, the National Imagery and Mapping Agency, the National
Reconnaissance Office, and the National Security Agency shall
each submit to the congressional intelligence committees each
year a report that sets forth the following:
"(A) The personnel and funds requested by such
Inspector General for the fiscal year beginning in such
year for the activities of the office of such Inspector
General in such fiscal year.
"(B) The plan of such Inspector General for such
activities, including the programs and activities
scheduled for review by the office of such Inspector
General during such fiscal year.
"(C) An assessment of the current ability of such
Inspector General to hire and retain qualified
personnel for the office of such Inspector General.
"(D) Any matters that such Inspector General
considers appropriate regarding the independence and
effectiveness of the office of such Inspector General.
"(2) The submittal date for a report under paragraph (1)
each year shall be the date provided in section 507 of the
National Security Act of 1947.
"(3) In this subsection, the term `congressional
intelligence committees' shall have the meaning given that term
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a).".
SEC. 826. ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.
(a) Annual Report.--The Counterdrug Intelligence
Coordinating Group shall submit to the appropriate committees
of Congress each year a report on current counterdrug
intelligence matters. The report shall include the
recommendations of the Counterdrug Intelligence Coordinating
Group on the appropriate number of permanent staff, and of
detailed personnel, for the staff of the Counterdrug
Intelligence Executive Secretariat.
(b) Submittal Date.--The date of the submittal each year of
the report required by subsection (a) shall be the date
provided in section 507 of the National Security Act of 1947,
as added by section 811 of this Act.
(c) Appropriate Committees of Congress Defined.--In this
section, the term "appropriate committees of Congress"
means--
(1) the Committees on Appropriations of the Senate
and House of Representatives; and
(2) the congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 401a)).
SEC. 827. ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN THE
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION THAT
RAISE FUNDS IN THE UNITED STATES CAPITAL MARKETS.
(a) Annual Report Required.--The Director of Central
Intelligence shall submit to the appropriate committees of
Congress on an annual basis a report setting forth each foreign
company described in subsection (b) that raised or attempted to
raise funds in the United States capital markets during the
preceding year.
(b) Covered Foreign Companies.--A foreign company described
in this subsection is any foreign company determined by the
Director to be engaged or involved in the proliferation of
weapons of mass destruction (including nuclear, biological, or
chemical weapons) or the means to deliver such weapons.
(c) Submittal Date.--The date each year for the submittal
of the report required by subsection (a) shall be the date
provided in section 507 of the National Security Act of 1947,
as added by section 811 of this Act.
(d) Form of Reports.--Each report under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(e) Appropriate Committees of Congress Defined.--In this
section, the term "appropriate committees of Congress"
means--
(1) the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives;
(2) the Committees on Armed Services, Banking,
Housing, and Urban Affairs, Governmental Affairs, and
Foreign Relations of the Senate; and
(3) the Committees on Armed Services, Financial
Services, Government Reform, and International
Relations of the House of Representatives.
Subtitle D--Other Reports
SEC. 831. REPORT ON EFFECT OF COUNTRY-RELEASE RESTRICTIONS ON ALLIED
INTELLIGENCE-SHARING RELATIONSHIPS.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of Central Intelligence
shall, in consultation with the Secretary of Defense, submit to
the congressional intelligence committees a report containing
an assessment of the effect of the use of "NOFORN"
classifications, and of other country-release policies,
procedures, and classification restrictions, on intelligence-
sharing relationships and coordinated intelligence operations
and military operations between the United States and its
allies. The report shall include an assessment of the effect of
the use of such classifications, and of such policies,
procedures, and restrictions, on counterterrorism operations in
Afghanistan and elsewhere.
(b) Congressional Intelligence Committees Defined.--In this
section, the term "congressional intelligence committee"
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 832. EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF STATE
ON PROTECTION OF CLASSIFIED INFORMATION AT
DEPARTMENT HEADQUARTERS.
(a) Evaluation Required.--Not later than December 31 of
2002, 2003, and 2004, the Inspector General of the Department
of State shall conduct an evaluation of the policies and
procedures of the Department on the protection of classified
information at the Headquarters of the Department, including
compliance with the directives of the Director of Central
Intelligence (DCIDs) regarding the storage and handling of
Sensitive Compartmented Information (SCI) material.
(b) Annual Report.--Except as provided in subsection (c),
not later than February 1 of 2003, 2004, and 2005, the
Inspector General shall submit to the following committees a
report on the evaluation conducted under subsection (a) during
the preceding year:
(1) The congressional intelligence committees.
(2) The Committee on Foreign Relations of the
Senate and the Committee on International Relations of
the House of Representatives.
(c) Exception.--The date each year for the submittal of a
report under subsection (b) may be postponed in accordance with
section 507(d) of the National Security Act of 1947, as added
by section 811 of this Act.
(d) Congressional Intelligence Committees Defined.--In this
section, the term "congressional intelligence committees"
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
Subtitle E--Repeal of Certain Report Requirements
SEC. 841. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Annual Report on the Detail of Intelligence Community
Personnel.--Section 113 of the National Security Act of 1947
(50 U.S.C. 404h) is amended by striking subsection (c).
(b) Annual Report on Exercise of National Security Agency
Voluntary Separation Pay Authority.--Section 301(j) of the
National Security Act of 1947 (50 U.S.C. 409a(j)), as amended
by section 353(b)(2)(A) of this Act, is further amended--
(1) by striking "Reporting Require-
ments.--" and all that follows through "The Director
may" and inserting "Notification of Exercise of
Authority.--The Director may"; and
(2) by striking paragraph (2).
(c) Annual Report on Transfers of Amounts for Acquisition
of Land by the Central Intelligence Agency.--Section 5(c)(2) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403f(c)(2)) is amended by striking "an annual report on the
transfers of sums described in paragraph (1)." and inserting
"a report on the transfer of sums described in paragraph (1)
each time that authority is exercised.".
(d) Annual Report on Use of CIA Personnel as Special
Policemen.--Section 15(a) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403o(a)) is amended by striking
paragraph (5).
(e) Annual Audit of the Central Services Program of the
Central Intelligence Agency.--Section 21 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection
(g).
(f) Annual Report on Special Police Authority for the
National Security Agency.--Section 11(a)(5) of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by
inserting "through 2004" after "Not later than July 1 each
year".
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES
SEC. 901. SHORT TITLE; PURPOSE.
(a) Short Title.--This title may be cited as the
"Counterintelligence Enhancement Act of 2002".
(b) Purpose.--The purpose of this title is to facilitate
the enhancement of the counterintelligence activities of the
United States Government by--
(1) enabling the counterintelligence community of
the United States Government to fulfill better its
mission of identifying, assessing, prioritizing, and
countering the intelligence threats to the United
States;
(2) ensuring that the counterintelligence community
of the United States Government acts in an efficient
and effective manner; and
(3) providing for the integration of all the
counterintelligence activities of the United States
Government.
SEC. 902. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Establishment.--(1) There shall be a National
Counterintelligence Executive, who shall be appointed by the
President.
(2) It is the sense of Congress that the President should
seek the views of the Attorney General, Secretary of Defense,
and Director of Central Intelligence in selecting an individual
for appointment as the Executive.
(b) Mission.--The mission of the National
Counterintelligence Executive shall be to serve as the head of
national counterintelligence for the United States Government.
(c) Duties.--Subject to the direction and control of the
President, the duties of the National Counterintelligence
Executive are as follows:
(1) To carry out the mission referred to in
subsection (b).
(2) To act as chairperson of the National
Counterintelligence Policy Board under section 811 of
the Counterintelligence and Security Enhancements Act
of 1994 (title VIII of Public Law 103-359; 50 U.S.C.
402a), as amended by section 903 of this Act.
(3) To act as head of the Office of the National
Counterintelligence Executive under section 904.
(4) To participate as an observer on such boards,
committees, and entities of the executive branch as the
President considers appropriate for the discharge of
the mission and functions of the Executive and the
Office of the National Counterintelligence Executive
under section 904.
SEC. 903. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
(a) Chairperson.--Section 811 of the Counterintelligence
and Security Enhancements Act of 1994 (title VII of Public Law
103-359; 50 U.S.C. 402a), as amended by section 811(b)(5)(B) of
this Act, is further amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection
(e); and
(3) by inserting after subsection (a) the following
new subsection (b):
"(b) Chairperson.--The National Counterintelligence
Executive under section 902 of the Counterintelligence
Enhancement Act of 2002 shall serve as the chairperson of the
Board.".
(b) Membership.--That section is further amended by
inserting after subsection (b), as amended by subsection (a)(3)
of this section, the following new subsection (c):
"(c) Membership.--The membership of the National
Counterintelligence Policy Board shall consist of the
following:
"(1) The National Counterintelligence Executive.
"(2) Senior personnel of departments and elements
of the United States Government, appointed by the head
of the department or element concerned, as follows:
"(A) The Department of Justice, including
the Federal Bureau of Investigation.
"(B) The Department of Defense, including
the Joint Chiefs of Staff.
"(C) The Department of State.
"(D) The Department of Energy.
"(E) The Central Intelligence Agency.
"(F) Any other department, agency, or
element of the United States Government
specified by the President.".
(c) Functions and Discharge of Functions.--That section is
further amended by inserting after subsection (c), as amended
by subsection (b) of this section, the following new
subsection:
"(d) Functions and Discharge of Functions.--(1) The Board
shall--
"(A) serve as the principal mechanism for--
"(i) developing policies and procedures
for the approval of the President to govern the
conduct of counterintelligence activities; and
"(ii) upon the direction of the President,
resolving conflicts that arise between elements
of the Government conducting such activities;
and
"(B) act as an interagency working group to--
"(i) ensure the discussion and review of
matters relating to the implementation of the
Counterintelligence Enhancement Act of 2002;
and
"(ii) provide advice to the National
Counterintelligence Executive on priorities in
the implementation of the National
Counterintelligence Strategy produced by the
Office of the National Counterintelligence
Executive under section 904(e)(2) of that Act.
"(2) The Board may, for purposes of carrying out its
functions under this section, establish such interagency boards
and working groups as the Board considers appropriate.".
SEC. 904. OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Establishment.--There shall be an Office of the
National Counterintelligence Executive.
(b) Head of Office.--The National Counterintelligence
Executive shall be the head of the Office of the National
Counterintelligence Executive.
(c) Location of Office.--The Office of the National
Counterintelligence Executive shall be located in the Office of
the Director of Central Intelligence.
(d) General Counsel.--(1) There shall be in the Office of
the National Counterintelligence Executive a general counsel
who shall serve as principal legal advisor to the National
Counterintelligence Executive.
(2) The general counsel shall--
(A) provide legal advice and counsel to the
Executive on matters relating to functions of the
Office;
(B) ensure that the Office complies with all
applicable laws, regulations, Executive orders, and
guidelines; and
(C) carry out such other duties as the Executive
may specify.
(e) Functions.--Subject to the direction and control of the
National Counterintelligence Executive, the functions of the
Office of the National Counterintelligence Executive shall be
as follows:
(1) National threat identification and
prioritization assessment.--Subject to subsection (f),
in consultation with appropriate department and
agencies of the United States Government, and private
sector entities, to produce on an annual basis a
strategic planning assessment of the
counterintelligence requirements of the United States
to be known as the National Threat Identification and
Prioritization Assessment.
(2) National counterintelligence strategy.--Subject
to subsection (f), in consultation with appropriate
department and agencies of the United States
Government, and private sector entities, and based on
the most current National Threat Identification and
Prioritization Assessment under paragraph (1), to
produce on an annual basis a strategy for the
counterintelligence programs and activities of the
United States Government to be known as the National
Counterintelligence Strategy.
(3) Implementation of national counterintelligence
strategy.--To evaluate on an ongoing basis the
implementation of the National Counterintelligence
Strategy and to submit to the President periodic
reports on such evaluation, including a discussion of
any shortfalls in the implementation of the Strategy
and recommendations for remedies for such shortfalls.
(4) National counterintelligence strategic
analyses.--As directed by the Director of Central
Intelligence and in consultation with appropriate
elements of the departments and agencies of the United
States Government, to oversee and coordinate the
production of strategic analyses of counterintelligence
matters, including the production of
counterintelligence damage assessments and assessments
of lessons learned from counterintelligence activities.
(5) National counterintelligence program budget.--
In consultation with the Director of Central
Intelligence--
(A) to coordinate the development of
budgets and resource allocation plans for the
counterintelligence programs and activities of
the Department of Defense, the Federal Bureau
of Investigation, the Central Intelligence
Agency, and other appropriate elements of the
United States Government;
(B) to ensure that the budgets and resource
allocation plans developed under subparagraph
(A) address the objectives and priorities for
counterintelligence under the National
Counterintelligence Strategy; and
(C) to submit to the National Security
Council periodic reports on the activities
undertaken by the Office under subparagraphs
(A) and (B).
(6) National counterintelligence collection and
targeting coordination.--To develop priorities for
counterintelligence investigations and operations, and
for collection of counterintelligence, for purposes of
the National Counterintelligence Strategy, except that
the Office may not--
(A) carry out any counterintelligence
investigations or operations; or
(B) establish its own contacts, or carry
out its own activities, with foreign
intelligence services.
(7) National counterintelligence outreach, watch,
and warning.--
(A) Counterintelligence vulnerability
surveys.--To carry out and coordinate surveys
of the vulnerability of the United States
Government, and the private sector, to
intelligence threats in order to identify the
areas, programs, and activities that require
protection from such threats.
(B) Outreach.--To carry out and coordinate
outreach programs and activities on
counterintelligence to other elements of the
United States Government, and the private
sector, and to coordinate the dissemination to
the public of warnings on intelligence threats
to the United States.
(C) Research and development.--To ensure
that research and development programs and
activities of the United States Government, and
the private sector, direct attention to the
needs of the counterintelligence community for
technologies, products, and services.
(D) Training and professional
development.--To develop policies and standards
for trainingand professional development of
individuals engaged in counterintelligence activities and to manage the
conduct of joint training exercises for such personnel.
(f) Additional Requirements Regarding National Threat
Identification and Prioritization Assessment and National
Counterintelligence Strategy.--(1) A National Threat
Identification and Prioritization Assessment under subsection
(e)(1), and any modification of such assessment, shall not go
into effect until approved by the President.
(2) A National Counterintelligence Strategy under
subsection (e)(2), and any modification of such strategy, shall
not go into effect until approved by the President.
(3) The National Counterintelligence Executive shall submit
to the congressional intelligence committees each National
Threat Identification and Prioritization Assessment, or
modification thereof, and each National Counterintelligence
Strategy, or modification thereof, approved under this section.
(4) In this subsection, the term "congressional
intelligence committees" means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(g) Personnel.--(1) Personnel of the Office of the National
Counterintelligence Executive may consist of personnel employed
by the Office or personnel on detail from any other department,
agency, or element of the Federal Government. Any such detail
may be on a reimbursable or nonreimbursable basis, at the
election of the head of the agency detailing such personnel.
(2) Notwithstanding section 104(d) or any other provision
of law limiting the period of the detail of personnel on a
nonreimbursable basis, the detail of an officer or employee of
United States or a member of the Armed Forces under paragraph
(1) on a nonreimbursable basis may be for any period in excess
of one year that the National Counterintelligence Executive and
the head of the department, agency, or element concerned
consider appropriate.
(3) The employment of personnel by the Office, including
the appointment, compensation and benefits, management, and
separation of such personnel, shall be governed by the
provisions of law on such matters with respect to the personnel
of the Central Intelligence Agency, except that, for purposes
of the applicability of such provisions of law to personnel of
the Office, the National Counterintelligence Executive shall be
treated as the head of the Office.
(4) Positions in the Office shall be excepted service
positions for purposes of title 5, United States Code.
(h) Support.--(1) The Attorney General, Secretary of
Defense, and Director of Central Intelligence may each provide
the Office of the National Counterintelligence Executive such
support as may be necessary to permit the Office to carry out
its functions under this section.
(2) Subject to any terms and conditions specified by the
Director of Central Intelligence, the Director may provide
administrative and contract support to the Office as if the
Office were an element of the Central Intelligence Agency.
(3) Support provided under this subsection may be provided
on a reimbursable or nonreimbursable basis, at the election of
the official providing such support.
(i) Availability of Funds for Reimbursement.--The National
Counterintelligence Executive may, from amounts available for
the Office, transfer to a department or agency detailing
personnel under subsection (g), or providing support under
subsection (h), on a reimbursable basis amounts appropriate to
reimburse such department or agency for the detail of such
personnel or the provision of such support, as the case may be.
(j) Contracts.--(1) Subject to paragraph (2), the National
Counterintelligence Executive may enter into any contract,
lease, cooperative agreement, or other transaction that the
Executive considers appropriate to carry out the functions of
the Office of the National Counterintelligence Executive under
this section.
(2) The authority under paragraph (1) to enter into
contracts, leases, cooperative agreements, and other
transactions shall be subject to any terms, conditions, and
limitations applicable to the Central Intelligence Agency under
law with respect to similar contracts, leases, cooperative
agreements, and other transactions.
(k) Treatment of Activities Under Certain Administrative
Laws.--The files of the Office shall be treated as operational
files of the Central Intelligence Agency for purposes of
section 701 of the National Security Act of 1947 (50 U.S.C.
431) to the extent such files meet criteria under subsection
(b) of that section for treatment of files as operational files
of an element of the Agency.
(l) Oversight by Congress.--The location of the Office of
the National Counterintelligence Executive within the Office of
the Director of Central Intelligence shall not be construed as
affecting access by Congress, or any committee of Congress,
to--
(1) any information, document, record, or paper in
the possession of the Office; or
(2) any personnel of the Office.
(m) Construction.--Nothing in this section shall be
construed as affecting the authority of the Director of Central
Intelligence, the Secretary of Defense, the Secretary of State,
the Attorney General, or the Director of the Federal Bureau of
Investigation as provided or specified under the National
Security Act of 1947 or under other provisions of law.
TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
SEC. 1001. FINDINGS.
Congress makes the following findings:
(1) Research and development efforts under the
purview of the intelligence community are vitally
important to the national security of the United
States.
(2) The intelligence community must operate in a
dynamic, highly-challenging environment, characterized
by rapid technological growth, against a growing number
of hostile, technically-sophisticated threats. Research
and development programs under the purview of the
intelligence community are critical to ensuring that
intelligence agencies, and their personnel, are
provided with important technological capabilities to
detect, characterize, assess, and ultimately counter
the full range of threats to the national security of
the United States.
(3) There is a need to review the full range of
current research and development programs under the
purview of the intelligence community, evaluate such
programs against the scientific and technological
fields judged to be of most importance, and articulate
program and resource priorities for future research and
development activities to ensure a unified and coherent
research and development program across the entire
intelligence community.
SEC. 1002. NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH AND
DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
(a) Establishment.--There is established a commission to be
known as the "National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community" (in this title referred to as the
"Commission").
(b) Composition.--The Commission shall be composed of 12
members, as follows:
(1) The Deputy Director of Central Intelligence for
Community Management.
(2) A senior intelligence official of the Office of
the Secretary of Defense, as designated by the
Secretary of Defense.
(3) Three members appointed by the majority leader
of the Senate, in consultation with the Chairman of the
Select Committee on Intelligence of the Senate, one
from Members of the Senate and two from private life.
(4) Two members appointed by the minority leader of
the Senate, in consultation with the Vice Chairman of
the Select Committee on Intelligence of the Senate, one
from Members of the Senate and one from private life.
(5) Three members appointed by the Speaker of the
House of Representatives, in consultation with the
Chairman of the Permanent Select Committee on
Intelligence of the House of Representatives, one from
Members of the House of Representatives and two from
private life.
(6) Two members appointed by the minority leader of
the House of Representatives, in consultation with the
ranking member of the Permanent Select Committee on
Intelligence of the House of Representatives, one from
Members of the House of Representatives and one from
private life.
(c) Membership.--(1) The individuals appointed from private
life as members of the Commission shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(A) research and development programs;
(B) technology discovery and insertion;
(C) use of intelligence information by national
policymakers and military leaders; or
(D) the implementation, funding, or oversight of
the national security policies of the United States.
(2) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if, in
the judgment of the official, such individual possesses any
personal or financial interest in the discharge of any of the
duties of the Commission.
(3) All members of the Commission appointed from private
life shall possess an appropriate security clearance in
accordance with applicable laws and regulations concerning the
handling of classified information.
(d) Co-Chairs.--(1) The Commission shall have two co-
chairs, selected from among the members of the Commission.
(2) One co-chair of the Commission shall be a member of the
Democratic Party, and one co-chair shall be a member of the
Republican Party.
(3) The individuals who serve as the co-chairs of the
Commission shall be jointly agreed upon by the President, the
majority leader of the Senate, the minority leader of the
Senate, the Speaker of the House of Representatives, and the
minority leader of the House of Representatives.
(e) Appointment; Initial Meeting.--(1) Members of the
Commission shall be appointed not later than 45 days after the
date of the enactment of this Act.
(2) The Commission shall hold its initial meeting on the
date that is 60 days after the date of the enactment of this
Act.
(f) Meetings; Quorum; Vacancies.--(1) After its initial
meeting, the Commission shall meet upon the call of the co-
chairs of the Commission.
(2) Six members of the Commission shall constitute a quorum
for purposes of conducting business, except that two members of
the Commission shall constitute a quorum for purposes of
receiving testimony.
(3) Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the
original appointment was made.
(4) If vacancies in the Commission occur on any day after
45 days after the date of the enactment of this Act, a quorum
shall consist of a majority of the members of the Commission as
of such day.
(g) Actions of Commission.--(1) The Commission shall act by
resolution agreed to by a majority of the members of the
Commission voting and present.
(2) The Commission may establish panels composed of less
than the full membership of the Commission for purposes
ofcarrying out the duties of the Commission under this title. The
actions of any such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such a panel
shall not be considered the findings and determinations of the
Commission unless approved by the Commission.
(3) Any member, agent, or staff of the Commission may, if
authorized by the co-chairs of the Commission, take any action
which the Commission is authorized to take pursuant to this
title.
(h) Duties.--The duties of the Commission shall be--
(1) to conduct, until not later than the date on
which the Commission submits the report under section
1007(a), the review described in subsection (i); and
(2) to submit to the congressional intelligence
committees, the Director of Central Intelligence, and
the Secretary of Defense a final report on the results
of the review.
(i) Review.--The Commission shall review the status of
research and development programs and activities within the
intelligence community, including--
(1) an assessment of the advisability of modifying
the scope of research and development for purposes of
such programs and activities;
(2) a review of the particular individual research
and development activities under such programs;
(3) an evaluation of the current allocation of
resources for research and development, including
whether the allocation of such resources for that
purpose should be modified;
(4) an identification of the scientific and
technological fields judged to be of most importance to
the intelligence community;
(5) an evaluation of the relationship between the
research and development programs and activities of the
intelligence community and the research and development
programs and activities of other departments and
agencies of the Federal Government; and
(6) an evaluation of the relationship between the
research and development programs and activities of the
intelligence community and the research and development
programs and activities of the private sector.
SEC. 1003. POWERS OF COMMISSION.
(a) In General.--(1) The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions of
this title--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths; and
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or
such designated subcommittee or designated member
considers necessary.
(2) Subpoenas may be issued under subparagraph (1)(B) under
the signature of the co-chairs of the Commission, and may be
served by any person designated by such co-chairs.
(3) The provisions of sections 102 through 104 of the
Revised Statutes of the United States (2 U.S.C. 192-194) shall
apply in the case of any failure of a witness to comply with
any subpoena or to testify when summoned under authority of
this section.
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Commission to discharge its
duties under this title.
(c) Information From Federal Agencies.--The Commission may
secure directly from any executive department, agency, bureau,
board, commission, office, independent establishment, or
instrumentality of the Government information, suggestions,
estimates, and statistics for the purposes of this title. Each
such department, agency, bureau, board, commission, office,
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request of the co-chairs of the Commission. The Commission
shall handle and protect all classified information provided to
it under this section in accordance with applicable statutes
and regulations.
(d) Assistance From Federal Agencies.--(1) The Director of
Central Intelligence shall provide to the Commission, on a
nonreimbursable basis, such administrative services, funds,
staff, facilities, and other support services as are necessary
for the performance of the Commission's duties under this
title.
(2) The Secretary of Defense may provide the Commission, on
a nonreimbursable basis, with such administrative services,
staff, and other support services as the Commission may
request.
(3) In addition to the assistance set forth in paragraphs
(1) and (2), other departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support as such departments and
agencies consider advisable and as may be authorized by law.
(4) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary for the
fulfillment of the duties of the Commission under this title,
including the provision of full and current briefings and
analyses.
(e) Prohibition on Withholding Information.--No department
or agency of the Government may withhold information from the
Commission on the grounds that providing the information to the
Commission would constitute the unauthorized disclosure of
classified information or information relating to intelligence
sources or methods.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as the departments and agencies of the United States.
(g) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property in carrying out its
duties under this title.
SEC. 1004. STAFF OF COMMISSION.
(a) In General.--(1) The co-chairs of the Commission, in
accordance with rules agreed upon by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its duties, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of such title.
(2) Any Federal Government employee may be detailed to the
Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his
or her regular employment without interruption.
(3) All staff of the Commission shall possess a security
clearance in accordance with applicable laws and regulations
concerning the handling of classified information.
(b) Consultant Services.--(1) The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of such
title.
(2) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information.
SEC. 1005. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--(1) Except as provided in paragraph (2),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
during which that member is engaged in the actual performance
of the duties of the Commission under this title.
(2) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay by reason of their service on the Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
SEC. 1006. TREATMENT OF INFORMATION RELATING TO NATIONAL SECURITY.
(a) In General.--(1) The Director of Central Intelligence
shall assume responsibility for the handling and disposition of
any information related to the national security of the United
States that is received, considered, or used by the Commission
under this title.
(2) Any information related to the national security of the
United States that is provided to the Commission by a
congressional intelligence committee may not be further
provided or released without the approval of the chairman of
such committee.
(b) Access After Termination of Commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under section 1007, only the
Members and designated staff of the congressional intelligence
committees, the Director of Central Intelligence (and the
designees of the Director), and such other officials of the
executive branch as the President may designate shall have
access to information related to the national security of the
United States that is received, considered, or used by the
Commission.
SEC. 1007. FINAL REPORT; TERMINATION.
(a) Final Report.--Not later than September 1, 2003, the
Commission shall submit to the congressional intelligence
committees, the Director of Central Intelligence, and the
Secretary of Defense a final report as required by section
1002(h)(2).
(b) Termination.--(1) The Commission, and all the
authorities of this title, shall terminate at the end of the
120-day period beginning on the date on which the final report
under subsection (a) is transmitted to the congressional
intelligence committees.
(2) The Commission may use the 120-day period referred to
in paragraph (1) for the purposes of concluding its activities,
including providing testimony to Congress concerning the final
report referred to in that paragraph and disseminating the
report.
SEC. 1008. ASSESSMENTS OF FINAL REPORT.
Not later than 60 days after receipt of the final report
under section 1007(a), the Director of Central Intelligence and
the Secretary of Defense shall each submit to the congressional
intelligence committees an assessment by the Director or the
Secretary, as the case may be, of the final report. Each
assessment shall include such comments on the findings and
recommendations contained in the final report as the Director
or Secretary, as the case may be, considers appropriate.
SEC. 1009. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.
(a) Federal Advisory Committee Act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the activities of the Commission under this title.
(b) Freedom of Information Act.--The provisions of section
552 of title 5, United States Code (commonly referred to as the
Freedom of Information Act), shall not apply to the activities,
records, and proceedings of the Commission under this title.
SEC. 1010. FUNDING.
(a) Transfer From the Community Management Account.--Of the
amounts authorized to be appropriated by this Act for the
Intelligence Technology Innovation Center of the Community
Management Account, the Deputy Director of Central Intelligence
for Community Management shall transfer to the Director of
Central Intelligence $2,000,000 for purposes of the activities
of the Commission under this title.
(b) Availability in General.--The Director of Central
Intelligence shall make available to the Commission, from the
amount transferred to the Director under subsection (a), such
amounts as the Commission may require for purposes of the
activities of the Commission under this title.
(c) Duration of Availability.--Amounts made available to
the Commission under subsection (b) shall remain available
until expended.
SEC. 1011. DEFINITIONS.
In this title:
(1) Congressional intelligence committees.--The
term "congressional intelligence committees" means--
(A) the Select Committee on Intelligence of
the Senate; and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Intelligence community.--The term
"intelligence community" has the meaning given that
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
And the Senate agree to the same.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Porter J. Goss,
Doug Bereuter,
Michael N. Castle,
Sherwood Boehlert,
Jim Gibbons,
Randy "Duke" Cunningham,
Pete Hoekstra,
Richard Burr,
Saxby Chambliss,
Terry Everett,
Nancy Pelosi,
Sanford D. Bishop, Jr.,
Jane Harman,
Tim Roemer,
Silvestre Reyes,
Leonard L. Boswell,
Collin C. Peterson,
From the Committee on Armed Services, for
consideration of defense tactical intelligence
and related activities:
Robert Stump,
Duncan Hunter,
Managers on the Part of the House.
Bob Graham,
Jay Rockefeller,
Dianne Feinstein,
Ron Wyden,
Dick Durbin,
John Edwards,
Richard Shelby,
Jon Kyl,
Mike DeWine,
Fred Thompson,
Dick Lugar,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4628), 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, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
The Nation's Intelligence Capabilities--A New Perspective
The conferees note that, in the wake of the September 11,
2001 terrorist attacks, the fiscal year 2003 budget submitted
by the President includes the most substantial increase for
programs funded in the National Foreign Intelligence Program in
history. This authorization bill supports that investment by
focusing on authorizations that enhance programs and
information sharing across the various Intelligence Community
(IC) agencies. Further, the President's funding increase
appears to respond to congressional exhortations to develop a
long-term funding program to correct serious IC deficiencies
that have developed over the past decade. The conferees
recognize that these deficiencies existed prior to September 11
and, indeed, the intelligence committees have been consistently
highlighting these shortfalls for the past eight years. Put
simply, although the end of the Cold War warranted a reordering
of national priorities, the steady decline in intelligence
funding since the mid-1990s left the nation with a diminished
ability to address emerging threats--such as global terrorism--
and the technical challenges of the 21st Century. Further, the
IC's lack of a corporate approach to addressing enduring
intelligence problems helped to create a culture that hindered
data collection (especially human intelligence collection),
data sharing, and collaborative analysis.
In this budget, the conferees seek to highlight four
priority areas that must receive significant, sustained
attention beginning immediately if intelligence is to fulfill
its role in our national security strategy. Those are: (1)
improving information sharing and all-source analysis; (2)
improving IC professional training with a major emphasis on
developing language skills; (3) ensuring national imagery
collection program viability and effectiveness; and (4)
correcting enduring systemic problems, deficiencies in human
intelligence, and rebuilding a robust research and development
program.
The conferees' top priority last year was the
revitalization of the NSA. Although this continues to be one of
the conferees' priority concerns, the focus this year must be
on information sharing and cross-community analysis. The
conferees note that the individual intelligence agencies and,
moreover, their extremely talented and dedicated people, labor
continuously to provide the absolute best intelligence products
possible in defense of the nation. These efforts are, however,
generally conducted in isolation from one another, and, most
disturbingly, existing rules and procedures often restrict
information from the community's depth and breadth of analytic
talent. Therefore, those individual efforts can usually only
piece together fragments of the overall intelligence puzzle.
What is critical in the post-9/11 era is having a community
that is, to the maximum extent possible, devoid of information
sharing restrictions and one that fosters a greater culture
focused on collaborative analysis. The conferees have included
detailed language on the need for the IC to breakdown
information sharing barriers and the need to cease the practice
of allowing agencies to routinely restrict "their data" from
other agencies, including law enforcement.
In order to maximize the IC's analytic effectiveness and
output further, we must ensure that the dedicated professionals
of the IC are properly trained and provided the skills
necessary for the tasks that are required to fight the global
war on terrorism and other emerging threats. For a number of
years, the House and Senate Intelligence Committees, separately
and jointly, have stated specific concerns about the dearth of
language skills throughout the IC. The lack of depth in the so-
called `low density' languages was acutely experienced during
operations in Afghanistan. The conferees believe this is
unacceptable and have put a great deal of emphasis in training
efforts, particularly on foreign language training.
With respect to the nation's imagery architecture, the
conferees are very concerned about the viability and
effectiveness of a future overhead architecture, given the
apparent lack of a comprehensive architectural plan for the
overhead system of systems, specifically in the area of
imagery. For example, the conferees believe the administration
is facing a major challenge in addressing technical and funding
problems with the Future Imagery Architecture (FIA) program
that could force untenable trades between critical future
capabilities and legacy systems. In this conference report, the
conferees have addressed the known FIA problems as well as the
need to develop imagery alternatives if developmental problems
exist or persist. The conferees note, however, a continuing
pattern by which many individual programs have been justified
and provided resources with little or no regard to the entire
set of IC collection capabilities, including space-based and
airborne. The conferees believe that, althoughindividual
systems may have specific merit, the real measure of merit is in what
the overall collective mix brings to bear against the range of threats
to U.S. national security. Moreover, the ability to fund all legacy,
developmental, and desired systems has a finite limit. Therefore, there
is a critical need to review each program in the context of the others,
so that viable trades can be made based on substance, and long-term
funding of healthy programs can be provided.
Finally, the conferees have focused their attention for a
number of years on a number of enduring IC challenges. Once
again, the Conferees have addressed in this bill such issues as
the need to improve NSA acquisition efforts, the need to
improve the depth and breadth of HUMINT, and improving research
and development (R&D). With respect to the NSA, the conferees
are pleased with the Director's attempts to baseline current
capabilities so that future needs can be properly identified
and resulting acquisition decisions made. The conferees have
provided incentives to complete these later two efforts. In
terms of improving HUMINT, the conferees have focused on
improving training, providing technical resources to
operations, and properly funding analytic efforts. All of these
capabilities are supported by R&D efforts. Therefore, the
conferees have supported the administration's increases to
agencies' basic R&D programs. The conferees note that this
funding support is based on the perspective that the IC must
continue to renew itself of the ever-changing world. The new
perspective on national security is that intelligence is the
first line of defense against an illusive and unstructured
threat that uses asymmetric means to harm America. It is from
that perspective that the conferees have made the decision
contained herein.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations
Section 101 of the conference report lists the
departments, agencies, and other elements of the United States
Government for whose intelligence and intelligence-related
activities the Act authorizes appropriations for fiscal year
2003.
Sec. 102. Classified schedule of authorizations
Section 102 of the conference report makes clear that the
details of the amounts authorized to be appropriated for
intelligence and intelligence-related activities and applicable
personnel ceilings covered under this title for fiscal year
2003 are contained in a classified Schedule of Authorizations.
The classified Schedule of Authorizations is incorporated into
the Act by this section. The Schedule of Authorizations shall
be made available to the Committees on Appropriations of the
Senate and House of Representatives and to the President. The
classified annex provides details of the Schedule. Section 102
is identical to section 102 of the House bill.
Sec. 103. Personnel ceiling adjustments
Section 103 of the conference report authorizes the
Director of Central Intelligence, with the approval of the
Director of the Office of Management and Budget, in fiscal year
2003 to authorize employment of civilian personnel in excess of
the personnel ceilings applicable to the components of the
Intelligence Community under section 102 by an amount not to
exceed two percent of the total of the ceilings applicable
under section 102. The Director of Central Intelligence may
exercise this authority only if necessary to the performance of
important intelligence functions. Any exercise of this
authority must be reported to the intelligence committees of
the Congress.
The managers emphasize that the authority conferred by
section 103 is not intended to permit wholesale increase in
personnel strength in any intelligence component. Rather, the
section provides the Director of Central Intelligence with
flexibility to adjust personnel levels temporarily for
contingencies and for overages caused by an imbalance between
hiring new employees and attrition of current employees. The
managers do not expect the Director of Central Intelligence to
allow heads of intelligence components to plan to exceed levels
set in the Schedule of Authorizations except for the
satisfaction of clearly identified hiring needs that are
consistent with the authorization of personnel strengths in
this bill. In no case is this authority to be used to provide
for positions denied by this bill. Section 103 is identical to
section 103 of the House bill and section 103 of the Senate
amendment.
Sec. 104. Intelligence Community Management Account
Section 104 of the conference report authorizes
appropriations for the Intelligence Community Management
Account (CMA) of the Director of Central Intelligence (DCI) and
sets the personnel end-strength for the Intelligence Community
management staff for fiscal year 2003.
Subsection (a) authorizes appropriations of $158,254,000
for fiscal year 2003 for the activities of the CMA of the DCI.
Subsection (b) authorizes 322 full-time personnel for the
Intelligence Community Management Staff for fiscal year 2003
and provides that such personnel may be permanent employees of
the Staff or detailed from various elements of the United
States Government.
Subsection (c) authorizes additional appropriations and
personnel for the CMA as specified in the classified Schedule
of Authorizations and permits these additional amounts to
remain available through September 30, 2004.
Subsection (d) requires that, except as provided in
Section 113 of the National Security Act of 1947, personnel
from another element of the United States Government be
detailed to an element of the CMA on a reimbursable basis, or
for temporary situations of less than one year on a non-
reimbursable basis.
Subsection (e) authorizes $34,100,000 of the amount
authorized in subsection (a) to be made available for the
National Drug Intelligence Center (NDIC). Subsection (e)
requires the DCI to transfer these funds to the Department of
Justice to be used for NDIC activities under the authority of
the Attorney General and subject to section 103(d)(1) of the
National Security Act. Subsection (e) is similar to subsection
(e) of the House bill.
Sec. 105. Authorization of emergency supplemental appropriations for
fiscal year 2002
Section 105 is identical to Section 105 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 106. Additional authorizations of appropriations for intelligence
for the war on terrorism
Section 106 is identical to Section 106 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 107. Specific authorization of funds for intelligence or
intelligence-related activities for which fiscal year 2003
appropriations exceed amounts authorized
Section 107 authorizes, solely for the purposes of
reprogramming under Section 504(a)(3) of the National Security
Act of 1947 (50 U.S.C. 414(a)(3)) those funds appropriated for
an intelligence or intelligence-related activity in fiscal year
2003 in excess of the amount specified for such activity in the
classified Schedule of Authorizations to accompany this
conference report.
Sec. 108. Incorporation of reporting requirements
Section 108 is similar to Section 105 of the Senate
amendment. The House bill had no similar provision. Section 107
incorporates into the Act each requirement to submit a report
contained in the joint explanatory statement to accompany the
conference report or in the classified annex to the Act.
Sec. 109. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department of
Defense or Department of Energy
Section 109 is identical to Section 106 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations
Section 201 authorizes appropriations of $225,500,000 for
the Central Intelligence Agency Retirement and Disability Fund.
TITLE III--GENERAL PROVISIONS
Subtitle A--Intelligence Community
Sec. 301. Increase in employee compensation and benefits authorized by
law
Section 301 is identical to Section 301 of the Senate
amendment and Section 301 of the House bill.
Sec. 302. Restriction of conduct of intelligence activities
Section 302 is identical to Section 302 of the Senate
amendment and Section 302 of the House bill.
Sec. 303. Sense of Congress on Intelligence Community contracting
Section 303 is identical to Section 303 of the Senate
amendment. The House bill had no similar provision. The Senate
recedes.
Subtitle B--Intelligence
Sec. 311. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotices, and counterintelligence
Section 311 is identical to section 304 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 312. Prohibition on compliance with request for information
submitted by foreign governments
Section 312 is identical to Section 307 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 313. National Virtual Translation Center
Section 313 is identical to Section 311 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Subtitle C--Personnel
Sec. 321. Standards and qualifications for the performance of
intelligence activities
Section 321 is similar to Section 308 of the Senate
amendment. The House bill had no similar provisions. The House
recedes.
Sec. 322. Modification of accepted agency voluntary leave transfer
authority
Section 322 is similar of Section 305 of the House bill.
The Senate amendment had no similar provision. The Senate
recedes.
Sec. 323. Sense of Congress on diversity in the workforce of
intelligence community agencies
Section 323 is identical of Section 312 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 324. Annual report on hiring and retention of minority employees
in the intelligence community
Section 324 is identical to Section 313 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 325. Report on establishment of a civilian linguist reserve corps
Section 325 is identical 311 of the House bill. The
Senate amendment had no similar provision. The Senate recedes.
Subtitle D--Education
Sec. 331. Scholarships and work study for pursuit of graduate degrees
in science and technology
Section 331 is identical to Section 310 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 332. Cooperative relationship between the National Security
Education Program and the Foreign Language Center of the
Defense Language Institute
Section 332 is identical to Section 308 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 333. Establishment of a national flagship language initiative
within the National Security Education Program
Section 333 includes Section 309 of the House bill.
Section 309 of the Senate amendment also created a national
foreign language initiative. The Senate recedes.
Sec. 334. Report on the National Security Education Program
Section 334 is similar to the reporting requirement of
Section 309 of the Senate amendment. Section 334 requires the
Secretary of Defense to submit a report in 180 days after
enactment of the program of scholarship, fellowships, and
grants under the David L. Boren National Security Education Act
of 1991, including an assessment of the effectiveness of the
program in meeting its goals and its administrative costs, and
the advisability of converting funding of the program from
funding through the National Security Education Trust Fund to
funding through appropriations.
Subtitle E--Terrorism
Sec. 341. Foreign Terrorist Asset Tracking Center
Section 341 is identical to Section 312 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 342. Semiannual Report on Financial Intelligence on Terrorist
Assets (FITA)
Section 342 is identical to Section 304 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 343. Terrorist Identification Classification System
Section 343 is identical to Section 313 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Subtitle F--Other Matters
Sec. 351. Additional one-year suspension of reorganization of
Diplomatic Telecommunications Service Program Office
Section 351 is identical to Section 306 of the House bill
and similar to Section 316 of the Senate amendment. The Senate
recedes.
Sec. 352. Standardized transliteration of names into the roman alphabet
Section 352 is similar to Section 307 of the Senate
amendment. The House bill had no similar provision. The House
recedes with modifications.
Sec. 353. Definition of congressional intelligence committees in
National Security Act of 1947
Section 353 is similar to Section 303 of the Senate
amendment. The House bill had no similar provision. The House
recedes with modifications.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act
Section 401 is identical to Section 401 of the House bill
and Section 315 of the Senate amendment.
Sec. 402. Implementation of compensation reform plan
Section 402 is similar to Section 402 of the House bill.
The Senate amendment had no similar provision. Section 402
delays implementation of the Central Intelligence Agency's
proposed compensation reform plan until February 1, 2004 or the
submission of a report on a compensation pilot project,
whichever is later. The Director of Central Intelligence shall
conduct the pilot project to assess the efficacy and fairness
of a revised personnel compensation plan, and report to the
congressional intelligence committees 45 days after completion
of the pilot project. Section 402 includes a sense of the
Congress that an employee personnel evaluation mechanism with
evaluation training for managers and employees of the CIA and
the National Security Agency should be phased in first, and
then followed by the introduction of a new compensation plan.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counterdrug and counterterrorism activities
for Colombia
Section 501 is similar to Section 501 of the House bill.
The Senate amendment had no similar provision. The Senate
recedes.
Sec. 502. Protection of operational files of the National
Reconnaissance Office
Section 502 is identical to Section 502 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Sec. 502. Eligibility of employees in intelligence senior level
positions for Presidential rank awards.
Section 503 is identical to Section 503 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS
Title VI is substantially similar to Title VI of the
House bill as well as language found in Senate amendment 4694
to H.R. 5005, a bill to establish the Department of Homeland
Security
TITLE VII--INFORMATION SHARING
Title VII is similar to Title VII of the House bill and
H.R. 4598, the Homeland Security Information Sharing Act, which
passed the House on June 26, 2002 in a 422-2 vote. Title VII is
also similar to sections 891-894 of H.R. 5710, establishing the
Department of Homeland Security, which passed the House on
November 13, 2002. Section 706 has been add by the conferees to
coordinate the different versions of the Homeland Information
Sharing Act, which are found in this bill and in H.R. 5710.
The Senate amendment had no similar provision. The Senate
recedes.
TITLE VIII--REPORTING REQUIREMENTS
Subtitle A--Overdue Reports
Sec. 801. Deadline for submittal of various overdue reports
Section 801 is similar to Section 310 of the House bill.
Section 801 reduces by one-third the amounts available to be
obligated or expended by the Office of the Director of Central
Intelligence if certain reports are not submitted to the
Congress 180 days after enactment. The reports referred to in
this section are reports mandated by law for which the DCI has
sole or primary responsibility to prepare or coordinate and
submit to Congress, which, as of the date of enactment, have
not been submitted to Congress if mandated to be submitted
prior to the date of enactment. The fence will not be imposed
if the DCI certifies in writing to the intelligence committees
that all overdue reports specified in Section 801 are
completed. The Senate amendment had no similar provision. The
Senate recedes.
Subtitle B--Submittal of Reports to Intelligence Committees
Sec. 811. Dates for submittal of various annual and semi-annual reports
to the congressional intelligence committees
Section 811 is similar to Section 401 of the Senate
amendment. The House bill had no similar provision. The House
recedes with modifications.
Subtitle C--Recurring Annual Reports
Sec. 821. Annual report on threat of attack on the United States using
weapons of mass destruction
Section 821 is identical to Section 412 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 822. Annual report on convert leases
Section 822 is identical to Section 413 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 823. Annual report on improvement of financial statements of
certain elements of the Intelligence Community for auditing
purposes
Section 823 is identical to Section 414 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 824. Annual report on activities of Federal Bureau of
Investigation personnel outside the United States
Section 824 is identical to Section 415 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 825. Annual reports of Inspectors General of the Intelligence
Community on proposed resources and activities of their offices
Section 825 is identical to Section 416 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 826. Annual report on counterdrug intelligence matters
Section 826 is identical to Section 417 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 827. Annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise funds
in the United States capital markets
Section 827 is identical to Section 314 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Subtitle D--Other Reports
Sec. 831. Report on effect of country-release restrictions on allied
intelligence-sharing relationships
Section 831 is identical to Section 431 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 832. Evaluation of policies and procedures of Department of State
on protection of classified information at department
headquarters
Section 832 is identical to Section 432 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Subtitle E--Repeal of Certain Report Requirements
Sec. 841. Repeal of certain report requirements
Section 841 is substantially similar to Section 441 of
the Senate amendment, although the conferees have agreed to
repeal certain additional Intelligence Community reporting
requirements. The House bill had no similar provision. The
House recedes with modifications.
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES
Sec. 901. Short title; purpose
Section 901 is identical to Section 501 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 902. National counterintelligence executive
Section 902 is identical to Section 502 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 903. National Counterintelligence Policy Board
Section 903 is identical to Section 503 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 904. Office of the National Counterintelligence Executive
Section 904 is similar to Section 504 of the Senate
amendment. The House bill had no similar provision. The
conferees agree to place the Office of the National
Counterintelligence Executive within the Office of the Director
of Central Intelligence. Further, the provision makes clear
that nothing in this section shall be construed as affecting
the authority of the Director of Central Intelligence, the
Secretary of Defense, the Secretary of State, the Attorney
General, or the Director of the FBI as provided or specified
under the National Security Act of 1947 or under other
provisions of law. The House recedes with modifications.
TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 1001. Findings
Section 1001 is identical to Section 601 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 1002. National Commission for review of research and development
programs of the United States Intelligence Community
Section 1002 is identical to Section 602 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 1003. Powers of Commission
Section 1003 is identical to Section 603 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 1004. Staff of Commission
Section 1004 is identical to Section 604 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 1005. Compensation and travel expenses
Section 1005 is identical to Section 605 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Sec. 1006. Treatment of information relating to national security
Section 1006 is identical to Section 606 of the Senate
amendment. The House bill has no similar provision. The House
recedes.
Sec. 1007. Final report; termination
Section 1007 is identical to Section 607 of the Senate
amendment. The House bill has no similar provision. The House
recedes.
Sec. 1008. Assessments of final report
Section 1008 is identical to Section 608 of the Senate
amendment. The House bill has no similar provision. The House
recedes.
Sec. 1009. Inapplicability of certain administrative provisions
Section 1009 is identical to Section 609 of the Senate
amendment. The House bill has no similar provision. The House
recedes.
Sec. 1010. Funding
Section 1010 is identical to Section 610 of the Senate
amendment. The House bill has no similar provision. The House
recedes.
Sec. 1011. Definitions
Section 1011 is identical to Section 611 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
ITEMS NOT INCLUDED
Section 305 of the Senate amendment contained a provision
to clarify Section 504 of the National Security Act of 1947
with respect to the reprogramming of funds from one
intelligence activity to another. The House bill had no similar
provisions. The Senate recedes.
Section 306 of the Senate amendment required disclosure
to Congress of information regarding pending criminal
investigations and prosecutions that is currently subject to
statutory and other disclosure prohibitions, such as grand jury
matters under Rule 6(e) of the Federal Rules of Criminal
Procedure, communications intercepted under Title III domestic
wiretap provisions, and other sensitive law enforcement
information. The House bill had no similar provisions. The
Senate recedes.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Porter J. Goss,
Doug Bereuter,
Michael N. Castle,
Sherwood Boehlert,
Jim Gibbons,
Randy "Duke" Cunningham,
Pete Hoekstra,
Richard Burr,
Saxby Chambliss,
Terry Everett,
Nancy Pelosi,
Sanford D. Bishop, Jr.,
Jane Harman,
Tim Roemer,
Silvestre Reyes,
Leonard L. Boswell,
Collin C. Peterson,
From the Committee on Armed Services, for
consideration of defense tactical intelligence
and related activities:
Robert Stump,
Duncan Hunter,
Managers on the Part of the House.
Bob Graham,
Jay Rockefeller,
Dianne Feinstein,
Ron Wyden,
Dick Durbin,
John Edwards,
Richard Shelby,
Jon Kyl,
Mike DeWine,
Fred Thompson,
Dick Lugar,
Managers on the Part of the Senate.
