107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-789
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2003
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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
