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Public Law 107-306
[DOCID: f:publ306.107]
[[Page 116 STAT. 2383]]
Public Law 107-306
107th Congress
An Act
To authorize appropriations for fiscal year 2003 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.<<NOTE: Nov.
27, 2002 - [H.R. 4628]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Intelligence Authorization
Act for Fiscal Year 2003.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for
fiscal year 2002.
Sec. 106. Additional authorizations of appropriations for intelligence
for the war on terrorism.
Sec. 107. Specific authorization of funds for intelligence or
intelligence-related
activities for which fiscal year 2003 appropriations exceed
amounts
authorized.
Sec. 108. Incorporation of reporting requirements.
Sec. 109. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department of
Defense or Department of
Energy.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--Recurring General Provisions
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.
Subtitle B--Intelligence
Sec. 311. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.
Sec. 312. Prohibition on compliance with requests for information
submitted by
foreign governments.
Sec. 313. National Virtual Translation Center.
Subtitle C--Personnel
Sec. 321. Standards and qualifications for the performance of
intelligence activities.
[[Page 116 STAT. 2384]]
Sec. 322. Modification of excepted agency voluntary leave transfer
authority.
Sec. 323. Sense of Congress on diversity in the workforce of
intelligence community agencies.
Sec. 324. Annual report on hiring and retention of minority employees in
the intelligence community.
Sec. 325. Report on establishment of a Civilian Linguist Reserve Corps.
Subtitle D--Education
Sec. 331. Scholarships and work-study for pursuit of graduate degrees in
science and technology.
Sec. 332. Cooperative relationship between the National Security
Education Program and the Foreign Language Center of the
Defense Language Institute.
Sec. 333. Establishment of National Flagship Language Initiative within
the National Security Education Program.
Sec. 334. Report on the National Security Education Program.
Subtitle E--Terrorism
Sec. 341. Foreign Terrorist Asset Tracking Center.
Sec. 342. Semiannual report on financial intelligence on terrorist
assets (FITA).
Sec. 343. Terrorist Identification Classification System.
Subtitle F--Other Matters
Sec. 351. Additional one-year suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 352. Standardized transliteration of names into the Roman alphabet.
Sec. 353. Definition of congressional intelligence committees in
National Security Act of 1947.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 402. Implementation of compensation reform plan.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counterdrug and counterterrorism activities
for Colombia.
Sec. 502. Protection of operational files of the National Reconnaissance
Office.
Sec. 503. Eligibility of employees in Intelligence Senior Level
positions for Presidential Rank Awards.
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
Sec. 601. Establishment of Commission.
Sec. 602. Purposes.
Sec. 603. Composition of Commission.
Sec. 604. Functions of Commission.
Sec. 605. Powers of Commission.
Sec. 606. Nonapplicability of Federal Advisory Committee Act.
Sec. 607. Staff of Commission.
Sec. 608. Compensation and travel expenses.
Sec. 609. Security clearances for Commission members and staff.
Sec. 610. Reports of Commission; termination.
Sec. 611. Funding.
TITLE VII--INFORMATION SHARING
Sec. 701. Short title.
Sec. 702. Findings and sense of Congress.
Sec. 703. Facilitating homeland security information sharing procedures.
Sec. 704. Report.
Sec. 705. Authorization of appropriations.
Sec. 706. Coordination provision.
TITLE VIII--REPORTING REQUIREMENTS
Subtitle A--Overdue Reports
Sec. 801. Deadline for submittal of various overdue reports.
Subtitle B--Submittal of Reports to Intelligence Committees
Sec. 811. Dates for submittal of various annual and semiannual reports
to the congressional intelligence committees.
[[Page 116 STAT. 2385]]
Subtitle C--Recurring Annual Reports
Sec. 821. Annual report on threat of attack on the United States using
weapons of mass destruction.
Sec. 822. Annual report on covert leases.
Sec. 823. Annual report on improvement of financial statements of
certain elements of the intelligence community for auditing
purposes.
Sec. 824. Annual report on activities of Federal Bureau of Investigation
personnel outside the United States.
Sec. 825. Annual reports of inspectors general of the intelligence
community on proposed resources and activities of their
offices.
Sec. 826. Annual report on counterdrug intelligence matters.
Sec. 827. Annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise funds
in the United States capital markets.
Subtitle D--Other Reports
Sec. 831. Report on effect of country-release restrictions on allied
intelligence-sharing relationships.
Sec. 832. Evaluation of policies and procedures of Department of State
on protection of classified information at department
headquarters.
Subtitle E--Repeal of Certain Report Requirements
Sec. 841. Repeal of certain report requirements.
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES
Sec. 901. Short title; purpose.
Sec. 902. National Counterintelligence Executive.
Sec. 903. National Counterintelligence Policy Board.
Sec. 904. Office of the National Counterintelligence Executive.
TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 1001. Findings.
Sec. 1002. National Commission for the Review of the Research and
Development Programs of the United States Intelligence
Community.
Sec. 1003. Powers of Commission.
Sec. 1004. Staff of Commission.
Sec. 1005. Compensation and travel expenses.
Sec. 1006. Treatment of information relating to national security.
Sec. 1007. Final report; termination.
Sec. 1008. Assessments of final report.
Sec. 1009. Inapplicability of certain administrative provisions.
Sec. 1010. Funding.
Sec. 1011. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2003
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
[[Page 116 STAT. 2386]]
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2003, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on H.R. 4628
of the One Hundred Seventh Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. <<NOTE: President.>> The President shall provide for suitable
distribution of the Schedule, or of appropriate portions of the
Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director of
the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess of
the number authorized for fiscal year 2003 under section 102 when the
Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions, except
that the number of personnel employed in excess of the number authorized
under such section may not, for any element of the intelligence
community, exceed 2 percent of the number of civilian personnel
authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall notify promptly the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of Central Intelligence for fiscal year 2003 the sum of
$158,254,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2004.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of Central
Intelligence are authorized 322 full-time personnel as of September 30,
2003. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed from
other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are also authorized
to be appropriated for the Intelligence Community Management
Account for fiscal year 2003 such additional
[[Page 116 STAT. 2387]]
amounts as are specified in the classified Schedule of
Authorizations referred to in section 102(a). Such additional
amounts for research and development shall remain available
until September 30, 2004.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2003, there are hereby authorized such additional personnel for
such elements as of that date as are specified in the classified
Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2003
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such officer,
employee, or member may be detailed on a nonreimbursable basis for a
period of less than one year for the performance of temporary functions
as required by the Director of Central Intelligence.
(e) National <<NOTE: 21 USC 873 note.>> Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be appropriated
in subsection (a), $34,100,000 shall be available for the
National Drug Intelligence Center. Within such amount, funds
provided for research, development, testing, and evaluation
purposes shall remain available until September 30, 2004, and
funds provided for procurement purposes shall remain available
until September 30, 2005.
(2) Transfer of funds.--The Director of Central Intelligence
shall transfer to the Attorney General funds available for the
National Drug Intelligence Center under paragraph (1). The
Attorney General shall utilize funds so transferred for the
activities of the National Drug Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority.--Notwithstanding any other provision of law,
the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2002.
(a) Authorization.--Amounts authorized to be appropriated for fiscal
year 2002 under section 101 of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107-108) for the conduct of the
intelligence activities of elements of the United States Government
listed in such section are hereby increased, with respect to any such
authorized amount, by the amount by which appropriations pursuant to
such authorization were increased by the following:
(1) The Emergency Supplemental Act, 2002 (contained in
division B of Public Law 107-117), including section 304 of such
Act (115 Stat. 2300).
(2) The 2002 Supplemental Appropriations Act for Further
Recovery From and Response To Terrorist Attacks on the United
States (Public Law 107-206), for such amounts as are
[[Page 116 STAT. 2388]]
designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) Ratification.--For purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure of
those amounts deemed to have been specifically authorized by the Acts
referred to in subsection (a) is hereby ratified and confirmed.
SEC. 106. ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FOR INTELLIGENCE
FOR THE WAR ON TERRORISM.
(a) In General.--Subject to subsection (b), the amounts requested in
the letter dated July 3, 2002, of the President to the Speaker of the
House of Representatives, related to the Defense Emergency Response Fund
and that are designated for the incremental costs of intelligence and
intelligence-related activities for the war on terrorism are authorized.
(b) Limitations.--The amounts referred to in subsection (a)--
(1) are authorized only for activities directly related to
identifying, responding to, or protecting against acts or
threatened acts of terrorism;
(2) are not authorized to correct programmatic or fiscal
deficiencies in major acquisition programs which will not
achieve initial operational capabilities within two years of the
date of the enactment of this Act; and
(3) are not available until the end of the 10-day period
that begins on the date written notice is provided to the Select
Committee on Intelligence and the Committee on Appropriations of
the Senate and the Permanent Select Committee on Intelligence
and the Committee on Appropriations of the House of
Representatives.
SEC. 107. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR
INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR 2003
APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related
activity for fiscal year 2003 in excess of the amount specified for such
activity in the classified Schedule of Authorizations prepared to
accompany this Act shall be deemed to be specifically authorized by
Congress for purposes of section 504(a)(3) of the National Security Act
of 1947 (50 U.S.C. 414(a)(3)).
SEC. 108. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the bill
H.R. 4628 of the One Hundred Seventh Congress, or in the classified
annex to this Act, is hereby incorporated into this Act, and is hereby
made a requirement in law.
(b) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
[[Page 116 STAT. 2389]]
SEC. 109. <<NOTE: 50 USC 415b note.>> PREPARATION AND SUBMITTAL OF
REPORTS, REVIEWS, STUDIES, AND PLANS RELATING TO
INTELLIGENCE ACTIVITIES OF DEPARTMENT OF DEFENSE OR
DEPARTMENT OF ENERGY.
(a) Consultation in Preparation.--(1) The Director of Central
Intelligence shall ensure that any report, review, study, or plan
required to be prepared or conducted by a provision of this Act,
including a provision of the classified Schedule of Authorizations
referred to in section 102(a) or the classified annex to this Act, that
involves the intelligence or intelligence-related activities of the
Department of Defense or the Department of Energy is prepared or
conducted in consultation with the Secretary of Defense or the Secretary
of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may carry
out any consultation required by this subsection through an official of
the Department of Defense or the Department of Energy, as the case may
be, designated by such Secretary for that purpose.
(b) Submittal.--Any report, review, study, or plan referred to in
subsection (a) shall be submitted, in addition to any other committee of
Congress specified for submittal in the provision concerned, to the
following committees of Congress:
(1) The Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate.
(2) The Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House of
Representatives.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2003 the sum of
$222,500,000.
TITLE III--GENERAL PROVISIONS
Subtitle A--Recurring General Provisions
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of the
United States.
[[Page 116 STAT. 2390]]
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security interests of
the United States and consistent with operational and security concerns
related to the conduct of intelligence activities, and where fiscally
sound, should competitively award contracts in a manner that maximizes
the procurement of products properly designated as having been made in
the United States.
Subtitle B--Intelligence
SEC. 311. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET
AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERATION,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by adding at the end the following new
section:
``specificity of national foreign intelligence program budget amounts
for counterterrorism, counterproliferation, counternarcotics, and
counterintelligence
``Sec. 506. <<NOTE: 50 USC 415a.>> (a) In General.--The budget
justification materials submitted to Congress in support of the budget
of the President for a fiscal year that is submitted to Congress under
section 1105(a) of title 31, United States Code, shall set forth
separately the aggregate amount requested for that fiscal year for the
National Foreign Intelligence Program for each of the following:
``(1) Counterterrorism.
``(2) Counterproliferation.
``(3) Counternarcotics.
``(4) Counterintelligence.
``(b) Election of Classified or Unclassified Form.--Amounts set
forth under subsection (a) may be set forth in unclassified form or
classified form, at the election of the Director of Central
Intelligence.''.
(b) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 505 the
following new item:
``Sec. 506. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.''.
SEC. 312. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR INFORMATION
SUBMITTED BY FOREIGN GOVERNMENTS.
Section 552(a)(3) of title 5, United States Code, is amended--
(1) in subparagraph (A) by inserting ``and except as
provided in subparagraph (E),'' after ``of this subsection,'';
and
(2) by adding at the end the following:
``(E) An agency, or part of an agency, that is an element of the
intelligence community (as that term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4))) shall not make any
record available under this paragraph to--
[[Page 116 STAT. 2391]]
``(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any
subdivision thereof; or
``(ii) a representative of a government entity described in
clause (i).''.
SEC. 313. <<NOTE: 50 USC 404n.>> NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Establishment.--The Director of Central Intelligence, acting as
the head of the intelligence community, shall establish in the
intelligence community an element with the function of connecting the
elements of the intelligence community engaged in the acquisition,
storage, translation, or analysis of voice or data in digital form.
(b) Designation.--The element established under subsection (a) shall
be known as the National Virtual Translation Center.
(c) Administrative Matters.--(1) The Director shall retain direct
supervision and control over the element established under subsection
(a).
(2) The element established under subsection (a) shall connect
elements of the intelligence community utilizing the most current
available information technology that is applicable to the function of
the element.
(d) Deadline for Establishment.--The element required by subsection
(a) shall be established as soon as practicable after the date of the
enactment of this Act, but not later than 90 days after that date.
Subtitle C--Personnel
SEC. 321. STANDARDS AND QUALIFICATIONS FOR THE PERFORMANCE OF
INTELLIGENCE ACTIVITIES.
Section 104 of the National Security Act of 1947 (50 U.S.C. 403-4)
is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Standards and Qualifications for Performance of Intelligence
Activities.--The Director, acting as the head of the intelligence
community, shall, in consultation with the heads of effected agencies,
develop standards and qualifications for persons engaged in the
performance of intelligence activities within the intelligence
community.''.
SEC. 322. MODIFICATION OF EXCEPTED AGENCY VOLUNTARY LEAVE TRANSFER
AUTHORITY.
(a) In General.--Section 6339 of title 5, United States Code, is
amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by inserting after subsection (b) (as so redesignated by
paragraph (2)) the following:
``(c)(1) Notwithstanding any provision of subsection (b), the head
of an excepted agency may, at his sole discretion, by regulation
establish a program under which an individual employed in or under such
excepted agency may participate in a leave transfer program established
under the provisions of this subchapter outside of this section,
including provisions permitting the transfer of
[[Page 116 STAT. 2392]]
annual leave accrued or accumulated by such employee to, or permitting
such employee to receive transferred leave from, an employee of any
other agency (including another excepted agency having a program under
this subsection).
``(2) To the extent practicable and consistent with the protection
of intelligence sources and methods, any program established under
paragraph (1) shall be consistent with the provisions of this subchapter
outside of this section and with any regulations issued by the Office of
Personnel Management implementing this subchapter.''.
(b) Conforming Amendments.--Section 6339 of such title is amended--
(1) in paragraph (2) of subsection (b) (as so redesignated
by subsection (a)(2)), by striking ``under this section'' and
inserting ``under this subsection''; and
(2) in subsection (d), by striking ``of Personnel
Management''.
SEC. 323. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF
INTELLIGENCE COMMUNITY AGENCIES.
(a) Findings.--Congress finds the following:
(1) The United States is engaged in a war against terrorism
that requires the active participation of the intelligence
community.
(2) Certain intelligence agencies, among them the Federal
Bureau of Investigation and the Central Intelligence Agency,
have announced that they will be hiring several hundred new
agents to help conduct the war on terrorism.
(3) Former Directors of the Federal Bureau of Investigation,
the Central Intelligence Agency, the National Security Agency,
and the Defense Intelligence Agency have stated that a more
diverse intelligence community would be better equipped to
gather and analyze information on diverse communities.
(4) The Central Intelligence Agency and the National
Security Agency were authorized to establish an undergraduate
training program for the purpose of recruiting and training
minority operatives in 1987.
(5) The Defense Intelligence Agency was authorized to
establish an undergraduate training program for the purpose of
recruiting and training minority operatives in 1988.
(6) The National Imagery and Mapping Agency was authorized
to establish an undergraduate training program for the purpose
of recruiting and training minority operatives in 2000.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Director of the Federal Bureau of Investigation
(with respect to the intelligence and intelligence-related
activities of the Bureau), the Director of Central Intelligence,
the Director of the National Security Agency, and the Director
of the Defense Intelligence Agency should make the creation of a
more diverse workforce a priority in hiring decisions; and
(2) the Director of Central Intelligence, the Director of
the National Security Agency, the Director of the Defense
Intelligence Agency, and the Director of the National Imagery
and Mapping Agency should increase their minority recruitment
efforts through the undergraduate training program provided for
under law.
[[Page 116 STAT. 2393]]
SEC. 324. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES IN
THE INTELLIGENCE COMMUNITY.
Section 114 of the National Security Act of 1947 (50 U.S.C. 404i) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Annual Report on Hiring and Retention of Minority Employees.--
(1) The Director of Central Intelligence shall, on an annual basis,
submit to Congress a report on the employment of covered persons within
each element of the intelligence community for the preceding fiscal
year.
``(2) Each such report shall include disaggregated data by category
of covered person from each element of the intelligence community on the
following:
``(A) Of all individuals employed in the element during the
fiscal year involved, the aggregate percentage of such
individuals who are covered persons.
``(B) Of all individuals employed in the element during the
fiscal year involved at the levels referred to in clauses (i)
and (ii), the percentage of covered persons employed at such
levels:
``(i) Positions at levels 1 through 15 of the
General Schedule.
``(ii) Positions at levels above GS-15.
``(C) Of all individuals hired by the element involved
during the fiscal year involved, the percentage of such
individuals who are covered persons.
``(3) Each such report shall be submitted in unclassified form, but
may contain a classified annex.
``(4) Nothing in this subsection shall be construed as providing for
the substitution of any similar report required under another provision
of law.
``(5) In this subsection, the term `covered persons' means--
``(A) racial and ethnic minorities;
``(B) women; and
``(C) individuals with disabilities.''.
SEC. 325. REPORT ON ESTABLISHMENT OF A CIVILIAN LINGUIST RESERVE CORPS.
(a) Report.--The Secretary of Defense, acting through the Director
of the National Security Education Program, shall prepare a report on
the feasibility of establishing a Civilian Linguist Reserve Corps
comprised of individuals with advanced levels of proficiency in foreign
languages who are United States citizens who would be available upon a
call of the President to perform such service or duties with respect to
such foreign languages in the Federal Government as the President may
specify. In preparing the report, the Secretary shall consult with such
organizations having expertise in training in foreign languages as the
Secretary determines appropriate.
(b) Matters Considered.--
(1) In general.--In conducting the study, the Secretary
shall develop a proposal for the structure and operations of the
Civilian Linguist Reserve Corps. The proposal shall establish
requirements for performance of duties and levels of proficiency
in foreign languages of the members of the Civilian
[[Page 116 STAT. 2394]]
Linguist Reserve Corps, including maintenance of language skills
and specific training required for performance of duties as a
linguist of the Federal Government, and shall include
recommendations on such other matters as the Secretary
determines appropriate.
(2) Consideration of use of defense language institute and
language registries.--In developing the proposal under paragraph
(1), the Secretary shall consider the appropriateness of using--
(A) the Defense Language Institute to conduct
testing for language skills proficiency and performance,
and to provide language refresher courses; and
(B) foreign language skill registries of the
Department of Defense or of other agencies or
departments of the United States to identify individuals
with sufficient proficiency in foreign languages.
(3) Consideration of the model of the reserve components of
the armed forces.--In developing the proposal under paragraph
(1), the Secretary shall consider the provisions of title 10,
United States Code, establishing and governing service in the
Reserve Components of the Armed Forces, as a model for the
Civilian Linguist Reserve Corps.
(c) Completion <<NOTE: Deadline.>> of Report.--Not later than 6
months after the date of the enactment of this Act, the Secretary shall
submit to Congress the report prepared under subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense $300,000 to carry out this
section.
Subtitle D--Education
SEC. 331. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES IN
SCIENCE AND TECHNOLOGY.
(a) Program Authorized.--The National Security Act of 1947 is
amended--
(1) <<NOTE: 50 USC 442.>> by redesignating title X as title
XI;
(2) <<NOTE: 50 USC 442.>> by redesignating section 1001 as
section 1101; and
(3) by inserting after title IX the following new title X:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``scholarships and work-study for pursuit of graduate degrees in science
and technology
``Sec. 1001. <<NOTE: 50 USC 441g.>> (a) Program Authorized.--The
Director of Central Intelligence may carry out a program to provide
scholarships and work-study for individuals who are pursuing graduate
degrees in fields of study in science and technology that are identified
by the Director as appropriate to meet the future needs of the
intelligence community for qualified scientists and engineers.
``(b) Administration.--If the Director carries out the program under
subsection (a), the Director shall administer the program through the
Assistant Director of Central Intelligence for Administration.
``(c) Identification of Fields of Study.--If the Director carries
out the program under subsection (a), the Director shall identify
[[Page 116 STAT. 2395]]
fields of study under subsection (a) in consultation with the other
heads of the elements of the intelligence community.
``(d) Eligibility for Participation.--An individual eligible to
participate in the program is any individual who--
``(1) either--
``(A) is an employee of the intelligence community;
or
``(B) meets criteria for eligibility for employment
in the intelligence community that are established by
the Director;
``(2) is accepted in a graduate degree program in a field of
study in science or technology identified under subsection (a);
and
``(3) is eligible for a security clearance at the level of
Secret or above.
``(e) Regulations.--If the Director carries out the program under
subsection (a), the Director shall prescribe regulations for purposes of
the administration of this section.''.
(b) Clerical Amendment.--The table of sections for the National
Security Act of 1947 is amended by striking the items relating to title
X and section 1001 and inserting the following new items:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``Sec. 1001. Scholarships and work-study for pursuit of graduate degrees
in science and technology.
``TITLE XI--OTHER PROVISIONS
``Sec. 1101. Applicability to United States intelligence activities of
Federal laws implementing international treaties and
agreements.''.
SEC. 332. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL SECURITY
EDUCATION PROGRAM AND THE FOREIGN LANGUAGE CENTER OF THE
DEFENSE LANGUAGE INSTITUTE.
Section 802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended by adding at the end the following new
subsection:
``(h) Use of Awards To Attend the Foreign Language Center of the
Defense Language Institute.--(1) The Secretary shall provide for the
admission of award recipients to the Foreign Language Center of the
Defense Language Institute (hereinafter in this subsection referred to
as the `Center'). An award recipient may apply a portion of the
applicable scholarship or fellowship award for instruction at the Center
on a space-available basis as a Department of Defense sponsored program
to defray the additive instructional costs.
``(2) Except as the Secretary determines necessary, an award
recipient who receives instruction at the Center shall be subject to the
same regulations with respect to attendance, discipline, discharge, and
dismissal as apply to other persons attending the Center.
``(3) In this subsection, the term `award recipient' means an
undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) or a graduate student who has been awarded a
fellowship under subsection (a)(1)(B) who--
``(A) is in good standing;
``(B) has completed all academic study in a foreign country,
as provided for under the scholarship or fellowship; and
[[Page 116 STAT. 2396]]
``(C) would benefit from instruction provided at the
Center.''.
SEC. 333. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE WITHIN
THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) National Flagship Language Initiative.--
(1) Expansion of grant program authority.--Subsection (a)(1)
of section 802 of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph
(B)(ii);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) awarding grants to institutions of higher
education to carry out activities under the National
Flagship Language Initiative (described in subsection
(i)).''.
(2) Provisions of national flagship language initiative.--
Such section, as amended by section 332, is further amended by
adding at the end the following new subsection:
``(i) National Flagship Language Initiative.--(1) Under the National
Flagship Language Initiative, institutions of higher education shall
establish, operate, or improve activities designed to train students in
programs in a range of disciplines to achieve advanced levels of
proficiency in those foreign languages that the Secretary identifies as
being the most critical in the interests of the national security of the
United States.
``(2) An undergraduate student who has been awarded a scholarship
under subsection (a)(1)(A) or a graduate student who has been awarded a
fellowship under subsection (a)(1)(B) may participate in the activities
carried out under the National Flagship Language Initiative.
``(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) shall give special consideration to
applicants who are employees of the Federal Government.
``(4) For purposes of this subsection, the Foreign Language Center
of the Defense Language Institute and any other educational institution
that provides training in foreign languages operated by the Department
of Defense or an agency in the intelligence community is deemed to be an
institution of higher education, and may carry out the types of
activities permitted under the National Flagship Language Initiative.''.
(3) Inapplicability of funding allocation rules.--Subsection
(a)(2) of such section is amended by adding at the end the
following flush sentences:
``The funding allocation under this paragraph shall not apply to
grants under paragraph (1)(D) for the National Flagship Language
Initiative described in subsection (i). For the authorization of
appropriations for the National Flagship Language Initiative,
see section 811.''.
(4) Board requirement.--Section 803(d)(4) of such Act (50
U.S.C. 1903(d)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
[[Page 116 STAT. 2397]]
(C) by adding at the end the following new
subparagraph:
``(E) which foreign languages are critical to the
national security interests of the United States for
purposes of section 802(a)(1)(D) (relating to grants for
the National Flagship Language Initiative).''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 811. <<NOTE: 50 USC 1911.>> ADDITIONAL ANNUAL AUTHORIZATION OF
APPROPRIATIONS.
``(a) In General.--In addition to amounts that may be made available
to the Secretary under the Fund for a fiscal year, there is authorized
to be appropriated to the Secretary for each fiscal year, beginning with
fiscal year 2003, $10,000,000, to carry out the grant program for the
National Flagship Language Initiative under section 802(a)(1)(D).
``(b) Availability of Appropriated Funds.--Amounts appropriated
pursuant to the authorization of appropriations under subsection (a)
shall remain available until expended.''.
(c) Effective <<NOTE: 50 USC 1902 note.>> Date.--The amendments made
by this section shall take effect on the date the Secretary of Defense
submits the report required under section 334 of this Act and notifies
the appropriate committees of Congress (as defined in subsection (c) of
that section) that the programs carried out under the David L. Boren
National Security Education Act of 1991 are being managed in a fiscally
and programmatically sound manner.
(d) Construction.--Nothing <<NOTE: 50 USC 1902 note.>> in this
section shall be construed as affecting any program or project carried
out under the David L. Boren National Security Education Act of 1991 as
in effect on the date that precedes the date of the enactment of this
Act.
SEC. 334. REPORT ON THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General.--Not <<NOTE: Deadline.>> later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on the matters
described in subsection (b) with respect to the David L. Boren National
Security Education Act of 1991 (50 U.S.C. 1901 et seq.).
(b) Covered Matters.--The matters described in this subsection are
as follows:
(1) Effectiveness of program.--An evaluation of the National
Security Education Program, including an assessment of the
effectiveness of the program in meeting its goals and an
assessment of the administrative costs of the program in
relation to the amounts of scholarships, fellowships, and grants
awarded.
(2) Conversion of funding.--An assessment of the
advisability of converting funding of the National Security
Education Program from funding through the National Security
Education Trust Fund under section 804 of that Act (50 U.S.C.
1904) to funding through appropriations.
(3) Recommendations.--On any matter covered by paragraph (1)
or (2), such recommendations for legislation with respect to
such matter as the Secretary considers appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
[[Page 116 STAT. 2398]]
(1) the Select Committee on Intelligence and the Committees
on Armed Services and Appropriations of the Senate; and
(2) the Permanent Select Committee on Intelligence and the
Committees on Armed Services and Appropriations of the House of
Representatives.
Subtitle E--Terrorism
SEC. 341. <<NOTE: 50 USC 404n-1.>> FOREIGN TERRORIST ASSET TRACKING
CENTER.
(a) Establishment.--The Director of Central Intelligence, acting as
the head of the intelligence community, shall establish in the Central
Intelligence Agency an element responsible for conducting all-source
intelligence analysis of information relating to the financial
capabilities, practices, and activities of individuals, groups, and
nations associated with international terrorism in their activities
relating to international terrorism.
(b) Designation.--The element established under subsection (a) shall
be known as the Foreign Terrorist Asset Tracking Center.
(c) Deadline for Establishment.--The element required by subsection
(a) shall be established as soon as practicable after the date of the
enactment of this Act, but not later than 90 days after that date.
SEC. 342. SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS (FITA).
(a) Semiannual Report.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the
following new section:
``semiannual report on financial intelligence on terrorist assets
``Sec. 118. <<NOTE: 50 USC 404m.>> (a) Semiannual Report.--On a
semiannual basis, the Secretary of the Treasury (acting through the head
of the Office of Intelligence Support) shall submit a report to the
appropriate congressional committees that fully informs the committees
concerning operations against terrorist financial networks. Each such
report shall include with respect to the preceding six-month period--
``(1) the total number of asset seizures, designations, and
other actions against individuals or entities found to have
engaged in financial support of terrorism;
``(2) the total number of applications for asset seizure and
designations of individuals or entities suspected of having
engaged in financial support of terrorist activities that were
granted, modified, or denied;
``(3) the total number of physical searches of offices,
residences, or financial records of individuals or entities
suspected of having engaged in financial support for terrorist
activity; and
``(4) whether the financial intelligence information seized
in these cases has been shared on a full and timely basis with
the all departments, agencies, and other entities of the United
States Government involved in intelligence activities
participating in the Foreign Terrorist Asset Tracking Center.
[[Page 116 STAT. 2399]]
``(b) Immediate Notification for Emergency Designation.--In the case
of a designation of an individual or entity, or the assets of an
individual or entity, as having been found to have engaged in terrorist
activities, the Secretary of the Treasury shall report such designation
within 24 hours of such a designation to the appropriate congressional
committees.
``(c) Submittal Date of Reports to Congressional Intelligence
Committees.--In the case of the reports required to be submitted under
subsection (a) to the congressional intelligence committees, the
submittal dates for such reports shall be as provided in section 507.
``(d) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on Financial
Services of the House of Representatives.
``(2) The Select Committee on Intelligence, the Committee on
Appropriations, and the Committee on Banking, Housing, and Urban
Affairs of the Senate.''.
(2) Clerical amendment.--The table of contents contained in
the first section of such Act is amended by inserting after the
item relating to section 117 the following new item:
``Sec. 118. Semiannual report on financial intelligence on terrorist
assets.''.
(b) Conforming Amendment.--Section 501(f) of the National Security
Act of 1947 (50 U.S.C. 413(f)) is amended by inserting before the period
the following: ``, and includes financial intelligence activities''.
SEC. 343. <<NOTE: 50 USC 404n-2.>> TERRORIST IDENTIFICATION
CLASSIFICATION SYSTEM.
(a) Requirement.--(1) The Director of Central Intelligence, acting
as head of the Intelligence Community, shall--
(A) establish and maintain a list of individuals who are
known or suspected international terrorists, and of
organizations that are known or suspected international
terrorist organizations; and
(B) ensure that pertinent information on the list is shared
with the departments, agencies, and organizations described by
subsection (c).
(2) The list under paragraph (1), and the mechanisms for sharing
information on the list, shall be known as the ``Terrorist
Identification Classification System''.
(b) Administration.--(1) The Director shall prescribe requirements
for the inclusion of an individual or organization on the list required
by subsection (a), and for the deletion or omission from the list of an
individual or organization currently on the list.
(2) The Director shall ensure that the information utilized to
determine the inclusion, or deletion or omission, of an individual or
organization on or from the list is derived from all-source
intelligence.
(3) The Director shall ensure that the list is maintained in
accordance with existing law and regulations governing the collection,
storage, and dissemination of intelligence concerning United States
persons.
[[Page 116 STAT. 2400]]
(c) Information Sharing.--Subject to section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(6)), relating to the
protection of intelligence sources and methods, the Director shall
provide for the sharing of the list, and information on the list, with
such departments and agencies of the Federal Government, State and local
government agencies, and entities of foreign governments and
international organizations as the Director considers appropriate.
(d) Reporting and Certification.--(1) The Director shall review on
an annual basis the information provided by various departments and
agencies for purposes of the list under subsection (a) in order to
determine whether or not the information so provided is derived from the
widest possible range of intelligence available to such departments and
agencies.
(2) The Director shall, as a result of each review under paragraph
(1), certify whether or not the elements of the intelligence community
responsible for the collection of intelligence related to the list have
provided information for purposes of the list that is derived from the
widest possible range of intelligence available to such department and
agencies.
(e) Report <<NOTE: Deadline.>> on Criteria for Information
Sharing.--(1) Not later then March 1, 2003, the Director shall submit to
the congressional intelligence committees a report describing the
criteria used to determine which types of information on the list
required by subsection (a) are to be shared, and which types of
information are not to be shared, with various departments and agencies
of the Federal Government, State and local government agencies, and
entities of foreign governments and international organizations.
(2) The report shall include a description of the circumstances in
which the Director has determined that sharing information on the list
with the departments and agencies of the Federal Government, and of
State and local governments, described by subsection (c) would be
inappropriate due to the concerns addressed by section 103(c)(6) of the
National Security Act of 1947, relating to the protection of sources and
methods, and any instance in which the sharing of information on the
list has been inappropriate in light of such concerns.
(f) System Administration Requirements.--(1) The Director shall, to
the maximum extent practicable, ensure the interoperability of the
Terrorist Identification Classification System with relevant information
systems of the departments and agencies of the Federal Government, and
of State and local governments, described by subsection (c).
(2) The Director shall ensure that the System utilizes technologies
that are effective in aiding the identification of individuals in the
field.
(g) Report <<NOTE: Deadline.>> on Status of System.--(1) Not later
than one year after the date of the enactment of this Act, the Director
shall, in consultation with the Director of Homeland Security, submit to
the congressional intelligence committees a report on the status of the
Terrorist Identification Classification System. The report shall contain
a certification on the following:
(A) Whether the System contains the intelligence information
necessary to facilitate the contribution of the System to the
domestic security of the United States.
(B) Whether the departments and agencies having access to
the System have access in a manner that permits such
[[Page 116 STAT. 2401]]
departments and agencies to carry out appropriately their
domestic security responsibilities.
(C) Whether the System is operating in a manner that
maximizes its contribution to the domestic security of the
United States.
(D) If a certification under subparagraph (A), (B), or (C)
is in the negative, the modifications or enhancements of the
System necessary to ensure a future certification in the
positive.
(2) The report shall be submitted in unclassified form, but may
include a classified annex.
(h) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle F--Other Matters
SEC. 351. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION OF DIPLOMATIC
TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
Section 311 of the Intelligence Authorization Act for Fiscal Year
2002 (Public Law 107-108; 22 U.S.C. 7301 note; 115 Stat. 1401) is
amended--
(1) in the heading, by striking ``ONE-YEAR'' and inserting
``TWO-YEAR''; and
(2) in the text, by striking ``October 1, 2002'' and
inserting ``October 1, 2003''.
SEC. 352. <<NOTE: 50 USC 403-3 note.>> STANDARDIZED TRANSLITERATION OF
NAMES INTO THE ROMAN ALPHABET.
(a) Method <<NOTE: Deadline.>> of Transliteration Required.--Not
later than 180 days after the date of the enactment of this Act, the
Director of Central Intelligence shall provide for a standardized method
for transliterating into the Roman alphabet personal and place names
originally rendered in any language that uses an alphabet other than the
Roman alphabet.
(b) Use by Intelligence Community.--The Director shall ensure the
use of the method established under subsection (a) in--
(1) all communications among the elements of the
intelligence community; and
(2) all intelligence products of the intelligence community.
SEC. 353. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES IN
NATIONAL SECURITY ACT OF 1947.
(a) In General.--Section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended by adding at the end the following new
paragraph:
``(7) The term `congressional intelligence committees'
means--
``(A) the Select Committee on Intelligence of the
Senate; and
``(B) the Permanent Select Committee on Intelligence
of the House of Representatives.''.
[[Page 116 STAT. 2402]]
(b) Conforming Amendments.--(1) That Act is further amended by
striking ``Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives'' and inserting ``congressional intelligence
committees'' in each of the following provisions:
(A) Section 104(d)(4) (50 U.S.C. 403-4(d)(4)).
(B) Section 603(a) (50 U.S.C. 423(a)).
(2) That Act is further amended by striking ``Permanent Select
Committee on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate'' and inserting ``congressional
intelligence committees'' in each of the following provisions:
(A) Section 301(j) (50 U.S.C. 409a(j)).
(B) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(C) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking ``intelligence
committees'' and inserting ``congressional intelligence committees''
each place it appears in each of the following provisions:
(A) Section 501 (50 U.S.C. 413).
(B) Section 502 (50 U.S.C. 413a).
(C) Section 503 (50 U.S.C. 413b).
(D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(4) Section 104(d)(5) of that Act (50 U.S.C. 403-4(d)(5)) is amended
by striking ``Select Committee on Intelligence of the Senate and to the
Permanent Select Committee on Intelligence of the House of
Representatives'' and inserting ``congressional intelligence
committees''.
(5) Section 105C(a)(3)(C) of that Act (50 U.S.C. 403-5c(a)(3)(C)) is
amended--
(A) by striking clauses (i) and (ii) and inserting the
following new clause (i):
``(i) The congressional intelligence committees.'';
and
(B) by redesignating clauses (iii), (iv), (v), and (vi) as
clauses (ii), (iii), (iv), and (v), respectively.
(6) Section 114 of that Act (50 U.S.C. 404i), as amended by section
324, is amended by striking subsection (d), as so redesignated, and
inserting the following new subsection (d):
``(d) Congressional Leadership Defined.--In this section, the term
`congressional leadership' means the Speaker and the minority leader of
the House of Representatives and the majority leader and the minority
leader of the Senate.''.
(7) Section 501(a) of that Act (50 U.S.C. 413(a)), as amended by
paragraph (3) of this subsection, is further amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(8) Section 503(c)(4) of that Act (50 U.S.C. 413b(c)(4)) is amended
by striking ``intelligence committee'' and inserting ``congressional
intelligence committee''.
(9) Section 602(c) of that Act (50 U.S.C. 422(c)) is amended by
striking ``the Select Committee on Intelligence of the Senate or to the
Permanent Select Committee on Intelligence of the House of
Representatives'' and inserting ``either congressional intelligence
committee''.
(10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended
by striking ``intelligence committees of the Congress'' and inserting
``congressional intelligence committees''.
[[Page 116 STAT. 2403]]
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 403-4 note) is amended--
(1) in subsection (f), by striking ``September 30, 2003''
and inserting ``September 30, 2005''; and
(2) in subsection (i), by striking ``or 2003'' and inserting
``2003, 2004, or 2005''.
SEC. 402. <<NOTE: 50 USC 403-4 note.>> IMPLEMENTATION OF COMPENSATION
REFORM PLAN.
(a) Delay on Implementation on Compensation Reform Plan.--(1) The
Director of Central Intelligence may not implement before the
implementation date (described in paragraph (2)) a plan for the
compensation of employees of the Central Intelligence Agency that
differs from the plan in effect on October 1, 2002.
(2) The implementation date referred to in paragraph (1) is February
1, 2004, or the date on which the Director submits to the congressional
intelligence committees a report on the pilot project conducted under
subsection (b), whichever is later.
(3) It is the sense of Congress that an employee performance
evaluation mechanism with evaluation training for managers and employees
of the Central Intelligence Agency should be phased in before the
implementation of any new compensation plan.
(b) Pilot Project.--(1) The Director shall conduct a pilot project
to test the efficacy and fairness of a plan for the compensation of
employees of the Central Intelligence Agency that differs from the plan
in effect on October 1, 2002, within any one component of the Central
Intelligence Agency selected by the Director, other than a component for
which a pilot project on employee compensation has been previously
conducted.
(2) The pilot project under paragraph (1) shall be conducted for a
period of at least 1 year.
(3) <<NOTE: Deadline.>> Not later than the date that is 45 days
after the completion of the pilot project under paragraph (1), the
Director shall submit to the congressional intelligence committees a
report that contains an evaluation of the project and such
recommendations as the Director considers appropriate for the
modification of the plans for the compensation of employees throughout
the Agency which are in effect on such date.
(c) Sense of Congress on Implementation of Compensation Reform Plan
for the National Security Agency.--It is the sense of Congress that--
(1) the Director of the National Security Agency should not
implement before February 1, 2004, a plan for the compensation
of employees of the National Security Agency that differs from
the plan in effect on October 1, 2002; and
(2) an employee performance evaluation mechanism with
evaluation training for managers and employees of the National
Security Agency should be phased in before the implementation of
any new compensation plan.
(d) Congressional Intelligence Committees Defined.--In this section,
the term ``congressional intelligence committees'' means
[[Page 116 STAT. 2404]]
the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
(a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for
counterdrug activities for fiscal years 2002 and 2003, and any
unobligated funds available to any element of the intelligence community
for such activities for a prior fiscal year, shall be available to
support a unified campaign against narcotics trafficking and against
activities by organizations designated as terrorist organizations (such
as the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of Colombia
(AUC)), and to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue operations.
(b) Requirement for Certification.--(1) The authorities provided in
subsection (a) shall not be exercised until the Secretary of Defense
certifies to the Congress that the provisions of paragraph (2) have been
complied with.
(2) In order to ensure the effectiveness of United States support
for such a unified campaign, prior to the exercise of the authority
contained in subsection (a), the Secretary of State shall report to the
appropriate committees of Congress that the newly elected President of
Colombia has--
(A) committed, in writing, to establish
comprehensive policies to combat illicit drug
cultivation, manufacturing, and trafficking
(particularly with respect to providing economic
opportunities that offer viable alternatives to illicit
crops) and to restore government authority and respect
for human rights in areas under the effective control of
paramilitary and guerrilla organizations;
(B) committed, in writing, to implement significant
budgetary and personnel reforms of the Colombian Armed
Forces; and
(C) committed, in writing, to support substantial
additional Colombian financial and other resources to
implement such policies and reforms, particularly to
meet the country's previous commitments under ``Plan
Colombia''.
In this paragraph, the term ``appropriate committees of Congress'' means
the Permanent Select Committee on Intelligence and the Committees on
Appropriations and Armed Services of the House of Representatives and
the Select Committee on Intelligence and the Committees on
Appropriations and Armed Services of the Senate.
(c) Termination of Authority.--The authority provided in subsection
(a) shall cease to be effective if the Secretary of Defense has credible
evidence that the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for human rights
in areas under the effective control of paramilitary and guerrilla
organizations.
[[Page 116 STAT. 2405]]
(d) Application of Certain Provisions of Law.--Sections 556, 567,
and 568 of Public Law 107-115, section 8093 of the Department of Defense
Appropriations Act, 2002, and the numerical limitations on the number of
United States military personnel and United States individual civilian
contractors in section 3204(b)(1) of Public Law 106-246 shall be
applicable to funds made available pursuant to the authority contained
in subsection (a).
(e) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any combat
operation in connection with assistance made available under this
section, except for the purpose of acting in self defense or rescuing
any United States citizen to include United States Armed Forces
personnel, United States civilian employees, and civilian contractors
employed by the United States.
SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL RECONNAISSANCE
OFFICE.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 105C (50
U.S.C. 403-5c) the following new section:
``protection of operational files of the national reconnaissance office
``Sec. 105D. <<NOTE: 50 USC 403-5e.>> (a) Exemption of Certain
Operational Files From Search, Review, Publication, or Disclosure.--(1)
The Director of the National Reconnaissance Office, with the
coordination of the Director of Central Intelligence, may exempt
operational files of the National Reconnaissance Office from the
provisions of section 552 of title 5, United States Code, which require
publication, disclosure, search, or review in connection therewith.
``(2)(A) Subject to subparagraph (B), for the purposes of this
section, the term `operational files' means files of the National
Reconnaissance Office (hereafter in this section referred to as `NRO')
that document the means by which foreign intelligence or
counterintelligence is collected through scientific and technical
systems.
``(B) Files which are the sole repository of disseminated
intelligence are not operational files.
``(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning--
``(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on themselves
pursuant to the provisions of section 552 or 552a of title 5,
United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by any
of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of an
intelligence activity:
``(i) The Permanent Select Committee on Intelligence
of the House of Representatives.
``(ii) The Select Committee on Intelligence of the
Senate.
``(iii) The Intelligence Oversight Board.
[[Page 116 STAT. 2406]]
``(iv) The Department of Justice.
``(v) The Office of General Counsel of NRO.
``(vi) The Office of the Director of NRO.
``(4)(A) Files that are not exempted under paragraph (1) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under paragraph (1) of the originating operational files from
search, review, publication, or disclosure.
``(C) The declassification of some of the information contained in
exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication, or
disclosure.
``(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1) and which have been returned to exempted operational files
for sole retention shall be subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded except
by a provision of law which is enacted after the date of the enactment
of this section, and which specifically cites and repeals or modifies
its provisions.
``(6)(A) Except as provided in subparagraph (B), whenever any person
who has requested agency records under section 552 of title 5, United
States Code, alleges that NRO has withheld records improperly because of
failure to comply with any provision of this section, judicial review
shall be available under the terms set forth in section 552(a)(4)(B) of
title 5, United States Code.
``(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
``(i) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by NRO, such
information shall be examined ex parte, in camera by the court.
``(ii) The court shall, to the fullest extent practicable,
determine the issues of fact based on sworn written submissions
of the parties.
``(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NRO shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating to
the court by sworn written submission that exempted operational
files likely to contain responsible records currently perform
the functions set forth in paragraph (2).
``(II) The court may not order NRO to review the content of
any exempted operational file or files in order to make the
demonstration required under subclause (I), unless the
complainant disputes NRO's showing with a sworn written
submission based on personal knowledge or otherwise admissible
evidence.
[[Page 116 STAT. 2407]]
``(v) In proceedings under clauses (iii) and (iv), the
parties may not obtain discovery pursuant to rules 26 through 36
of the Federal Rules of Civil Procedure, except that requests
for admissions may be made pursuant to rules 26 and 36.
``(vi) If the court finds under this paragraph that NRO has
improperly withheld requested records because of failure to
comply with any provision of this subsection, the court shall
order NRO to search and review the appropriate exempted
operational file or files for the requested records and make
such records, or portions thereof, available in accordance with
the provisions of section 552 of title 5, United States Code,
and such order shall be the exclusive remedy for failure to
comply with this subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph NRO agrees to search the appropriate
exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated with
the Director of Central Intelligence prior to submission to the
court.
``(b) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of the National Reconnaissance
Office and the Director of Central Intelligence shall review the
exemptions in force under subsection (a)(1) to determine whether such
exemptions may be removed from the category of exempted files or any
portion thereof. The Director of Central Intelligence must approve any
determination to remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that NRO has improperly withheld
records because of failure to comply with this subsection may seek
judicial review in the district court of the United States of the
district in which any of the parties reside, or in the District of
Columbia. In such a proceeding, the court's review shall be limited to
determining the following:
``(A) Whether NRO has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of this section or before
the expiration of the 10-year period beginning on the date of
the most recent review.
``(B) Whether NRO, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.''.
(b) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 105C the
following new item:
``Sec. 105D. Protection of operational files of the National
Reconnaissance Office.''.
SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR LEVEL
POSITIONS FOR PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by adding
at the end the following new subsection:
[[Page 116 STAT. 2408]]
``(c) Award of Rank to Employees in Intelligence Senior Level
Positions.--The President, based on the recommendations of the Secretary
of Defense, may award a rank referred to in section 4507a of title 5 to
employees in Intelligence Senior Level positions designated under
subsection (a). The award of such rank shall be made in a manner
consistent with the provisions of that section.''.
TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED
STATES
SEC. 601. <<NOTE: 6 USC 101 note.>> ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on Terrorist Attacks Upon the United States (in this title
referred to as the ``Commission'').
SEC. 602. <<NOTE: 6 USC 101 note.>> PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating to
the terrorist attacks of September 11, 2001, occurring at the
World Trade Center in New York, New York, in Somerset County,
Pennsylvania, and at the Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of--
(A) the Joint Inquiry of the Select Committee on
Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives regarding the terrorist attacks of
September 11, 2001, (hereinafter in this title referred
to as the ``Joint Inquiry''); and
(B) other executive branch, congressional, or
independent commission investigations into the terrorist
attacks of September 11, 2001, other terrorist attacks,
and terrorism generally;
(4) make a full and complete accounting of the circumstances
surrounding the attacks, and the extent of the United States'
preparedness for, and immediate response to, the attacks; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent acts of terrorism.
SEC. 603. <<NOTE: 6 USC 101 note.>> COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the
[[Page 116 STAT. 2409]]
case may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of the
Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Republican
Party;
(5) 2 members shall be appointed by the senior member of the
Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Democratic
Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members of
the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services, law,
public administration, intelligence gathering, commerce
(including aviation matters), and foreign affairs.
(4) Deadline for appointment.--All members of the Commission
shall be appointed on or before December 15, 2002.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 604. <<NOTE: 6 USC 101 note.>> FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances
relating to the terrorist attacks of September 11, 2001,
including any relevant legislation, Executive order,
regulation, plan, policy, practice, or procedure; and
(B) may include relevant facts and circumstances
relating to--
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and
border control;
(v) the flow of assets to terrorist
organizations;
(vi) commercial aviation;
(vii) the role of congressional oversight and
resource allocation; and
(viii) other areas of the public and private
sectors determined relevant by the Commission for
its inquiry;
[[Page 116 STAT. 2410]]
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the
structure, coordination, management policies, and procedures of
the Federal Government, and, if appropriate, State and local
governments and nongovernmental entities, relative to detecting,
preventing, and responding to such terrorist attacks; and
(3) submit to the President and Congress such reports as are
required by this title containing such findings, conclusions,
and recommendations as the Commission shall determine, including
proposing organization, coordination, planning, management
arrangements, procedures, rules, and regulations.
(b) Relationship to Intelligence Committees' Inquiry.--When
investigating facts and circumstances relating to the intelligence
community, the Commission shall--
(1) first review the information compiled by, and the
findings, conclusions, and recommendations of, the Joint
Inquiry; and
(2) after that review pursue any appropriate area of inquiry
if the Commission determines that--
(A) the Joint Inquiry had not investigated that
area;
(B) the Joint Inquiry's investigation of that area
had not been complete; or
(C) new information not reviewed by the Joint
Inquiry had become available with respect to that area.
SEC. 605. <<NOTE: 6 USC 101 note.>> POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member thereof,
may, for the purpose of carrying out this title--
(A) hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence,
administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the chairman
and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or any
member designated by a majority of the Commission,
and may be served by any person designated by the
chairman or by a member designated by a majority
of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
[[Page 116 STAT. 2411]]
(a), the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order
requiring such person to appear at any designated
place to testify or to produce documentary or
other evidence. Any failure to obey the order of
the court may be punished by the court as a
contempt of that court.
(ii) Additional enforcement.--In the case of
any failure of any witness to comply with any
subpoena or to testify when summoned under
authority of this section, the Commission may, by
majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the matter
before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a
certification under sections 102 through 104 of
the Revised Statutes of the United States (2
U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this title.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this title. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services for
the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and agencies
of the United States may provide to the Commission such
services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as departments and
agencies of the United States.
[[Page 116 STAT. 2412]]
SEC. 606. <<NOTE: 6 USC 101 note.>> NONAPPLICABILITY OF FEDERAL ADVISORY
COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 610(a) and (b).
(c) Public Hearings.--Any public hearings of the Commission shall be
conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 607. <<NOTE: 6 USC 101 note.>> STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules agreed
upon by the Commission, may appoint and fix the compensation of
a staff director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this subsection
may exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 608. <<NOTE: 6 USC 101 note.>> COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
[[Page 116 STAT. 2413]]
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 609. <<NOTE: 6 USC 101 note.>> SECURITY CLEARANCES FOR COMMISSION
MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate with
the Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant to
existing procedures and requirements, except that no person shall be
provided with access to classified information under this title without
the appropriate security clearances.
SEC. 610. <<NOTE: 6 USC 101 note.>> REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President and
Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final <<NOTE: Deadline.>> Report.--Not later than 18 months
after the date of the enactment of this Act, the Commission shall submit
to the President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this title, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 611. <<NOTE: 6 USC 101 note.>> FUNDING.
(a) Transfer From the National Foreign Intelligence Program.--Of the
amounts authorized to be appropriated by this Act and made available in
public law 107-248 (Department of Defense Appropriations Act, 2003) for
the National Foreign Intelligence Program, not to exceed $3,000,000
shall be available for transfer to the Commission for purposes of the
activities of the Commission under this title.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
TITLE VII--INFORMATION SHARING <<NOTE: Homeland Security Information
Sharing Act.>>
SEC. 701. SHORT TITLE.
This title may be cited as the ``Homeland Security Information
Sharing Act''.
[[Page 116 STAT. 2414]]
SEC. 702. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes defense
against terrorist attacks.
(2) The Federal Government relies on State and local
personnel to protect against terrorist attacks.
(3) The Federal Government collects, creates, manages, and
protects classified and sensitive but unclassified information
to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for terrorist
attacks.
(5) The needs of State and local personnel to have access to
relevant homeland security information to combat terrorism must
be reconciled with the need to preserve the protected status of
such information and to protect the sources and methods used to
acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State, and
local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and local
personnel without the need for granting additional security
clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities and
terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments
and agencies in other jurisdictions may benefit from such
information.
(10) Federal, State, and local governments and intelligence,
law enforcement, and other emergency preparation and response
agencies must act in partnership to maximize the benefits of
information gathering and analysis to prevent and respond to
terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist Threat
Warning System, have been established for rapid sharing of
classified and sensitive but unclassified information among
Federal, State, and local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing information
systems.
(b) Sense of Congress.--It is the sense of Congress that Federal,
State, and local entities should share homeland security information to
the maximum extent practicable, with special emphasis on hard-to-reach
urban and rural communities.
SEC. 703. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES.
(a) Procedures for Determining Extent of Sharing of Homeland
Security Information.--(1) <<NOTE: President.>> The President shall
prescribe and implement procedures under which relevant Federal agencies
determine--
[[Page 116 STAT. 2415]]
(A) whether, how, and to what extent homeland security
information may be shared with appropriate State and local
personnel, and with which such personnel it may be shared;
(B) how to identify and safeguard homeland security
information that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
whether, how, and to what extent to remove classified
information, as appropriate, and with which such personnel it
may be shared after such information is removed.
(2) The President shall ensure that such procedures apply to all
agencies of the Federal Government.
(3) Such procedures shall not change the substantive requirements
for the classification and safeguarding of classified information.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security Information.--(1)
Under procedures prescribed by the President, all appropriate agencies,
including the intelligence community, shall, through information sharing
systems, share homeland security information with appropriate State and
local personnel to the extent such information may be shared, as
determined in accordance with subsection (a), together with assessments
of the credibility of such information.
(2) Each information sharing system through which information is
shared under paragraph (1) shall--
(A) have the capability to transmit unclassified or
classified information, though the procedures and recipients for
each capability may differ;
(B) have the capability to restrict delivery of information
to specified subgroups by geographic location, type of
organization, position of a recipient within an organization, or
a recipient's need to know such information;
(C) be configured to allow the efficient and effective
sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall establish
conditions on the use of information shared under paragraph (1)--
(A) to limit the redissemination of such information to
ensure that such information is not used for an unauthorized
purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights of
any individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal and
destruction of obsolete or erroneous names and information.
(4) The procedures prescribed under paragraph (1) shall ensure, to
the greatest extent practicable, that the information sharing system
through which information is shared under such paragraph include
existing information sharing systems, including, but not limited to, the
National Law Enforcement Telecommunications System, the Regional
Information Sharing System, and the Terrorist Threat Warning System of
the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the President,
shall have access to each information sharing system
[[Page 116 STAT. 2416]]
through which information is shared under paragraph (1), and shall
therefore have access to all information, as appropriate, shared under
such paragraph.
(6) The procedures prescribed under paragraph (1) shall ensure that
appropriate State and local personnel are authorized to use such
information sharing systems--
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such
information sharing systems, the homeland security information
of their own jurisdictions, which shall be marked appropriately
as pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of Central
Intelligence and the Attorney General, each appropriate Federal agency,
as determined by the President, shall review and assess the information
shared under paragraph (6) and integrate such information with existing
intelligence.
(c) Sharing of Classified Information and Sensitive but Unclassified
Information With State and Local Personnel.--(1)
The <<NOTE: President.>> President shall prescribe procedures under
which Federal agencies may, to the extent the President considers
necessary, share with appropriate State and local personnel homeland
security information that remains classified or otherwise protected
after the determinations prescribed under the procedures set forth in
subsection (a).
(2) It is the sense of Congress that such procedures may include one
or more of the following means:
(A) Carrying out security clearance investigations with
respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but
unclassified, entering into nondisclosure agreements with
appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the Joint
Terrorism Task Forces of the Federal Bureau of Investigation,
the Anti-Terrorism Task Forces of the Department of Justice, and
regional Terrorism Early Warning Groups.
(d) Responsible Officials.--For each affected Federal agency, the
head of such agency shall designate an official to administer this title
with respect to such agency.
(e) Federal Control of Information.--Under procedures prescribed
under this section, information obtained by a State or local government
from a Federal agency under this section shall remain under the control
of the Federal agency, and a State or local law authorizing or requiring
such a government to disclose information shall not apply to such
information.
(f) Definitions.--As used in this section:
(1) The term ``homeland security information'' means any
information (other than information that includes individually
identifiable information collected solely for statistical
purposes) possessed by a Federal, State, or local agency that--
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or
disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or terrorist
organization; or
(D) would improve the response to a terrorist act.
[[Page 116 STAT. 2417]]
(2) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
(3) The term ``State and local personnel'' means any of the
following persons involved in prevention, preparation, or
response for terrorist attacks:
(A) State Governors, mayors, and other locally
elected officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management
agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency
personnel.
(F) Employees of private sector entities that affect
critical infrastructure, cyber, economic, or public
health security, as designated by the Federal Government
in procedures developed pursuant to this section.
(4) The term ``State'' includes the District of Columbia and
any commonwealth, territory, or possession of the United States.
SEC. 704. REPORT.
(a) Report <<NOTE: Deadline. President.>> Required.--Not later than
12 months after the date of the enactment of this Act, the President
shall submit to the congressional committees specified in subsection (b)
a report on the implementation of section 703. The report shall include
any recommendations for additional measures or appropriation requests,
beyond the requirements of section 703, to increase the effectiveness of
sharing of information between and among Federal, State, and local
entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following committees:
(1) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary
to carry out section 703.
SEC. 706. COORDINATION PROVISION.
(a) Prior Enactment.--If this Act is enacted before the Homeland
Security Act of 2002, then upon the date of the enactment of the
Homeland Security Act of 2002, this title shall be deemed for all
purposes not to have taken effect and shall cease to be in effect.
(b) Subsequent Enactment.--If the Homeland Security Act of 2002 is
enacted before this Act, then this title shall not take effect.
[[Page 116 STAT. 2418]]
TITLE VIII--REPORTING REQUIREMENTS
Subtitle A--Overdue Reports
SEC. 801. <<NOTE: 50 USC 415b note.>> DEADLINE FOR SUBMITTAL OF VARIOUS
OVERDUE REPORTS.
(a) Deadline.--The reports described in subsection (c) shall be
submitted to Congress not later than 180 days after the date of the
enactment of this Act.
(b) Noncompliance.--(1) If all the reports described in subsection
(c) are not submitted to Congress by the date specified in subsection
(a), amounts available to be obligated or expended after that date to
carry out the functions or duties of the Office of the Director of
Central Intelligence shall be reduced by \1/3\.
(2) The reduction applicable under paragraph (1) shall not apply if
the Director of Central Intelligence certifies to Congress by the date
referred to in subsection (a) that all reports referred to in subsection
(c) have been submitted to Congress.
(c) Reports Described.--The reports referred to in subsection (a)
are reports mandated by law for which the Director of Central
Intelligence has sole or primary responsibility to prepare, coordinate,
and submit to Congress which, as of the date of the enactment of this
Act, have not been submitted to Congress.
Subtitle B--Submittal of Reports to Intelligence Committees
SEC. 811. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS
TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--(1) Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 311 of this Act, is
further amended by adding at the end the following new section:
``dates for submittal of various annual and semiannual reports to the
congressional intelligence committees
``Sec. 507. <<NOTE: 50 USC 415b.>> (a) Annual Reports.--(1) The date
for the submittal to the congressional intelligence committees of the
following annual reports shall be the date each year provided in
subsection (c)(1)(A):
``(A) The annual evaluation of the performance and
responsiveness of certain elements of the intelligence community
required by section 105(d).
``(B) The annual report on intelligence required by section
109.
``(C) The annual report on intelligence community
cooperation with Federal law enforcement agencies required by
section 114(a)(2).
``(D) The annual report on the protection of the identities
of covert agents required by section 603.
``(E) The annual report of the Inspectors Generals of the
intelligence community on proposed resources and activities
[[Page 116 STAT. 2419]]
of their offices required by section 8H(g) of the Inspector
General Act of 1978.
``(F) The annual report on commercial activities as security
for intelligence collection required by section 437(c) of title
10, United States Code.
``(G) The annual report on expenditures for postemployment
assistance for terminated intelligence employees required by
section 1611(e)(2) of title 10, United States Code.
``(H) The annual update on foreign industrial espionage
required by section 809(b) of the Counterintelligence and
Security Enhancements Act of 1994 (title VIII of Public Law 103-
359; 50 U.S.C. App. 2170b(b)).
``(I) The annual report on coordination of
counterintelligence matters with the Federal Bureau of
Investigation required by section 811(c)(6) of the
Counterintelligence and Security Enhancements Act of 1994 (50
U.S.C. 402a(c)(6)).
``(J) The annual report on foreign companies involved in the
proliferation of weapons of mass destruction that raise funds in
the United States capital markets required by section 827 of the
Intelligence Authorization Act for Fiscal Year 2003.
``(K) The annual report on certifications for immunity in
interdiction of aircraft engaged in illicit drug trafficking
required by section 1012(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-4(c)(2)).
``(L) The annual report on exceptions to consumer disclosure
requirements for national security investigations under section
604(b)(4)(E) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)(E)).
``(M) The annual report on activities under the David L.
Boren National Security Education Act of 1991 (title VIII of
Public Law 102-183; 50 U.S.C. 1901 et seq.) required by section
806(a) of that Act (50 U.S.C. 1906(a)).
``(N) The annual report on hiring and retention of minority
employees in the intelligence community required by section
114(c).
``(2) The date for the submittal to the congressional intelligence
committees of the following annual reports shall be the date each year
provided in subsection (c)(1)(B):
``(A) The annual report on the safety and security of
Russian nuclear facilities and nuclear military forces required
by section 114(b).
``(B) The annual report on the threat of attack on the
United States from weapons of mass destruction required by
section 114(d).
``(C) The annual report on covert leases required by section
114(e).
``(D) The annual report on improvements of the financial
statements of the intelligence community for auditing purposes
required by section 114A.
``(E) The annual report on activities of personnel of the
Federal Bureau of Investigation outside the United States
required by section 540C(c)(2) of title 28, United States Code.
``(F) The annual report on intelligence activities of the
People's Republic of China required by section 308(c) of the
Intelligence Authorization Act for Fiscal Year 1998 (Public Law
105-107; 50 U.S.C. 402a note).
[[Page 116 STAT. 2420]]
``(G) The annual report on counterdrug intelligence matters
required by section 826 of the Intelligence Authorization Act
for Fiscal Year 2003.
``(b) Semiannual Reports.--The dates for the submittal to the
congressional intelligence committees of the following semiannual
reports shall be the dates each year provided in subsection (c)(2):
``(1) The periodic reports on intelligence provided to the
United Nations required by section 112(b).
``(2) The semiannual reports on the Office of the Inspector
General of the Central Intelligence Agency required by section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(1)).
``(3) The semiannual reports on decisions not to prosecute
certain violations of law under the Classified Information
Procedures Act (18 U.S.C. App.) as required by section 13 of
that Act.
``(4) The semiannual reports on the acquisition of
technology relating to weapons of mass destruction and advanced
conventional munitions required by section 721(b) of the
Combatting Proliferation of Weapons of Mass Destruction Act of
1996 (title VII of Public Law 104-293; 50 U.S.C. 2366(b)).
``(5) The semiannual reports on the activities of the
Diplomatic Telecommunications Service Program Office (DTS-PO)
required by section 322(a)(6)(D)(ii) of the Intelligence
Authorization Act for Fiscal Year 2001 (22 U.S.C.
7302(a)(6)(D)(ii)).
``(6) The semiannual reports on the disclosure of
information and consumer reports to the Federal Bureau of
Investigation for counterintelligence purposes required by
section 624(h)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681u(h)(2)).
``(7) The semiannual provision of information on requests
for financial information for foreign counterintelligence
purposes required by section 1114(a)(5)(C) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
``(8) The semiannual report on financial intelligence on
terrorist assets required by section 118.
``(c) Submittal Dates for Reports.--(1)(A) Except as provided in
subsection (d), each annual report listed in subsection (a)(1) shall be
submitted not later than February 1.
``(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than December
1.
``(2) Except as provided in subsection (d), each semiannual report
listed in subsection (b) shall be submitted not later than February 1
and August 1.
``(d) Postponement of Submittal.--(1) Subject to paragraph (3), the
date for the submittal of--
``(A) an annual report listed in subsection (a)(1) may be
postponed until March 1;
``(B) an annual report listed in subsection (a)(2) may be
postponed until January 1; and
``(C) a semiannual report listed in subsection (b) may be
postponed until March 1 or September 1, as the case may be,
[[Page 116 STAT. 2421]]
if the official required to submit such report submits to the
congressional intelligence committees a written notification of such
postponement.
``(2)(A) Notwithstanding any other provision of law and subject to
paragraph (3), the date for the submittal to the congressional
intelligence committees of any report described in subparagraph (B) may
be postponed by not more than 30 days from the date otherwise specified
in the provision of law for the submittal of such report if the official
required to submit such report submits to the congressional intelligence
committees a written notification of such postponement.
``(B) A report described in this subparagraph is any report on
intelligence or intelligence-related activities of the United States
Government that is submitted under a provision of law requiring the
submittal of only a single report.
``(3)(A) The date for the submittal of a report whose submittal is
postponed under paragraph (1) or (2) may be postponed beyond the time
provided for the submittal of such report under such paragraph if the
official required to submit such report submits to the congressional
intelligence committees a written certification that preparation and
submittal of such report at such time will impede the work of officers |
