In the Senate of the United States,
September 25, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 4628) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2003 for intelligence and intelligence-re-
lated activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 2003’’.
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(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Preparation and submittal of reports, reviews, studies, and plans relat-
ing to intelligence activities of Department of Defense or Depart-
ment of Energy.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Definition of congressional intelligence committees in National Security
Act of 1947.
Sec. 304. Specificity of National Foreign Intelligence Program budget amounts
for counterterrorism, counterproliferation, counternarcotics, and
counterintelligence.
Sec. 305. Modification of authority to make funds for intelligence activities avail-
able for other intelligence activities.
Sec. 306. Clarification of authority to furnish information on intelligence activi-
ties to Congress.
Sec. 307. Standardized transliteration of names into the Roman alphabet.
Sec. 308. Standards and qualifications for the performance of intelligence activi-
ties.
Sec. 309. Modification of David L. Boren National Security Education Program.
Sec. 310. Scholarships and work-study for pursuit of graduate degrees in science
and technology.
Sec. 311. National Virtual Translation Center.
Sec. 312. Foreign Terrorist Asset Tracking Center.
Sec. 313. Terrorist Identification Classification System.
Sec. 314. Annual report on foreign companies involved in the proliferation of
weapons of mass destruction that raise funds in the United
States capital markets.
Sec. 315. Two-year extension of Central Intelligence Agency Voluntary Separa-
tion Pay Act.
Sec. 316. Additional one-year suspension of reorganization of Diplomatic Tele-
communications Service Program Office.
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TITLE IV—REPORTING REQUIREMENTS
Subtitle A—Submittal of Reports to Intelligence Committees
Sec. 401. Dates for submittal of various annual and semi-annual reports to the
congressional intelligence committees.
Subtitle B—Recurring Annual Reports
Sec. 411. Annual assessment of satisfaction of intelligence community with collec-
tion, analysis, and production of intelligence.
Sec. 412. Annual report on threat of attack on the United States using weapons
of mass destruction.
Sec. 413. Annual report on covert leases.
Sec. 414. Annual report on improvement of financial statements of certain ele-
ments of the intelligence community for auditing purposes.
Sec. 415. Annual report on activities of Federal Bureau of Investigation per-
sonnel outside the United States.
Sec. 416. Annual reports of inspectors general of the intelligence community on
proposed resources and activities of their offices.
Sec. 417. Annual report on counterdrug intelligence matters.
Subtitle C—Other Reports
Sec. 431. Report on effect of country-release restrictions on allied intelligence-
sharing relationships.
Sec. 432. Evaluation of policies and procedures of Department of State on protec-
tion of classified information at department headquarters.
Sec. 433. Study of Department of State Consular Services.
Subtitle D—Repeal of Certain Report Requirements
Sec. 441. Repeal of certain report requirements.
TITLE V—COUNTERINTELLIGENCE ACTIVITIES
Sec. 501. Short title; purpose.
Sec. 502. National Counterintelligence Executive.
Sec. 503. National Counterintelligence Policy Board.
Sec. 504. Office of the National Counterintelligence Executive.
TITLE VI—NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND
DEVELOPMENT PROGRAMS OF THE UNITED STATES INTEL-
LIGENCE COMMUNITY
Sec. 601. Findings.
Sec. 602. National Commission for the Review of the Research and Development
Programs of the United States Intelligence Community.
Sec. 603. Powers of Commission.
Sec. 604. Staff of Commission.
Sec. 605. Compensation and travel expenses.
Sec. 606. Treatment of information relating to national security.
Sec. 607. Final report; termination.
Sec. 608. Assessments of final report.
Sec. 609. Inapplicability of certain administrative provisions.
Sec. 610. Funding.
Sec. 611. Definitions.
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TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the conduct of the intelligence and intel-
ligence-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 Depart-
ment of the Navy, and the Department of the Air
Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agen-
cy.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL
CEILINGS.—The amounts authorized to be appropriated
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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 re-
port on the bill lll of the One Hundred Seventh Con-
gress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The Schedule of Authorizations shall be
made available to the Committees on Armed Services and
Appropriations of the Senate and House of Representatives,
to Members of Congress who so request, and to the President.
The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the ap-
proval 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,
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for any element of the intelligence community, exceed 2 per-
cent of the number of civilian personnel authorized under
such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di-
rector of Central Intelligence shall notify promptly the Per-
manent 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 AC-
COUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Community Manage-
ment Account of the Director of Central Intelligence for fis-
cal year 2003 the sum of $157,979,000. Within such
amount, funds identified in the classified Schedule of Au-
thorizations referred to in section 102(a) for advanced re-
search and development shall remain available until Sep-
tember 30, 2004.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements
within the Intelligence Community Management Account of
the Director of Central Intelligence are authorized 309 full-
time personnel as of September 30, 2003. Personnel serving
in such elements may be permanent employees of the Intel-
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ligence Community Management Account or personnel de-
tailed 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 ap-
propriated for the Intelligence Community Manage-
ment Account for fiscal year 2003 such additional
amounts as are specified in the classified Schedule of
Authorizations referred to in section 102(a). Such ad-
ditional amounts for research and development shall
remain available until September 30, 2004.
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion 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 ele-
ments 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 de-
tailed to the staff of the Intelligence Community Manage-
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ment Account from another element of the United States
Government shall be detailed on a reimbursable basis, ex-
cept that any such officer, employee, or member may be de-
tailed on a nonreimbursable basis for a period of less than
one year for the performance of temporary functions as re-
quired by the Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to
be appropriated in subsection (a), $32,100,000 shall
be available for the National Drug Intelligence Cen-
ter. 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 Cen-
tral 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 Na-
tional Drug Intelligence Center may not be used in
contravention of the provisions of section 103(d)(1) of
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the National Security Act of 1947 (50 U.S.C. 403–
3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other
provision of law, the Attorney General shall retain
full authority over the operations of the National
Drug Intelligence Center.
SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL.—Each requirement to submit a re-
port to the congressional intelligence committees that is in-
cluded in the joint explanatory statement to accompany the
conference report on the bill lll of the One Hundred
Seventh Congress, in the classified annex to this Act, in the
report of the Senate to accompany the bill S.ll of the
107th Congress, or in the report of the House of Representa-
tives to accompany the bill H.R.ll is hereby incorporated
into this Act, and is hereby made a requirement in law.
(b) SUBMITTAL DATE.—The date for the submittal to
the congressional intelligence committees of any report re-
ferred to in subsection (a), whether an annual report, semi-
annual report, or non-recurring report, shall be as provided
for a report of that type in section 507 of the National Secu-
rity Act of 1947, as added by section 401 of this Act.
(c) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘‘congressional intelligence
committees’’ means—
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(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives.
SEC. 106. PREPARATION AND SUBMITTAL OF REPORTS, RE-
VIEWS, STUDIES, AND PLANS RELATING TO
INTELLIGENCE ACTIVITIES OF DEPARTMENT
OF DEFENSE OR DEPARTMENT OF ENERGY.
(a) CONSULTATION IN PREPARATION.—(1) The Direc-
tor of Central Intelligence shall ensure that any report, re-
view, study, or plan required to be prepared or conducted
by a provision of this Act, including a provision of the clas-
sified Schedule of Authorizations or a classified annex to
this Act, that involves the intelligence or intelligence-related
activities of the Department of Defense or Department of
Energy is prepared or conducted in consultation with the
Secretary of Defense or the Secretary of Energy, as appro-
priate.
(2) The Secretary of Defense or Secretary of Energy
may carry out any consultation required by this subsection
through an official of the Department of Defense or Depart-
ment 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
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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 Ap-
propriations and the Select Committee on Intelligence
of the Senate.
(2) The Committees on Armed Services and Ap-
propriations and the Permanent Select Committee on
Intelligence of the House of Representatives.
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal year 2003 the sum of $223,300,000.
TITLE III—GENERAL
PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts
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as may be necessary for increases in such compensation or
benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE
ACTIVITIES.
The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. DEFINITION OF CONGRESSIONAL INTELLIGENCE
COMMITTEES IN NATIONAL SECURITY ACT OF
1947.
(a) IN GENERAL.—Section 3 of the National Security
Act of 1947 (50 U.S.C. 401a) is amended by adding at the
end the following new paragraph:
‘‘(7) The term ‘congressional intelligence commit-
tees’ means—
‘‘(A) the Select Committee on Intelligence of
the Senate; and
‘‘(B) the Permanent Select Committee on
Intelligence of the House of Representatives.’’.
(b) CONFORMING AMENDMENTS.—(1) That Act is fur-
ther amended by striking ‘‘Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intel-
ligence of the House of Representatives’’ and inserting ‘‘con-
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gressional 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 ‘‘Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of the
Senate’’ and inserting ‘‘congressional intelligence commit-
tees’’ in each of the following provisions:
(A) Section 113(c) (50 U.S.C. 404h(c)).
(B) Section 301(j) (50 U.S.C. 409a(j)).
(C) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(D) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking ‘‘intel-
ligence committees’’ and inserting ‘‘congressional intel-
ligence committees’’ in each of the following provisions:
(A) Section 501 (50 U.S.C. 413).
(B) Section 502 (50 U.S.C. 413a).
(C) Section 503 (50 U.S.C. 413b).
(D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(4) Section 104(d)(5) of that Act (50 U.S.C. 403–
4(d)(5)) is amended by striking ‘‘Select Committee on Intel-
ligence of the Senate and to the Permanent Select Com-
mittee on Intelligence of the House of Representatives’’ and
inserting ‘‘congressional intelligence committees’’.
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(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 commit-
tees.’’; and
(B) by redesignating clauses (iii), (iv), (v), and
(vi) as clauses (ii), (iii), (iv), and (v), respectively.
(6) Section 114 of that Act (50 U.S.C. 404i) is amend-
ed by striking subsection (c) and inserting the following new
subsection (c):
‘‘(c) CONGRESSIONAL LEADERSHIP DEFINED.—In this
section, the term ‘congressional leadership’ means the
Speaker and the minority leader of the House of Represent-
atives 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 para-
graph (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’’.
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(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 In-
telligence of the House of Representatives’’ and inserting
‘‘either congressional intelligence committee’’.
(10) Section 701(c)(3) of that Act (50 U.S.C.
431(c)(3)) is amended by striking ‘‘intelligence committees
of Congress’’ and inserting ‘‘congressional intelligence com-
mittees’’.
SEC. 304. SPECIFICITY OF NATIONAL FOREIGN INTEL-
LIGENCE PROGRAM BUDGET AMOUNTS FOR
COUNTERTERRORISM, COUNTERPROLIFERA-
TION, COUNTERNARCOTICS, AND COUNTER-
INTELLIGENCE.
(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 PRO-
GRAM
BUDGET
AMOUNTS
FOR
COUNTERTERRORISM,
COUNTERPROLIFERATION, COUNTERNARCOTICS, AND
COUNTERINTELLIGENCE
‘‘SEC. 506. (a) IN GENERAL.—The budget justification
materials submitted to Congress in support of the budget
of the President for a fiscal year that is submitted to Con-
gress under section 1105(a) of title 31, United States Code,
shall set forth separately the aggregate amount requested for
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that fiscal year for the National Foreign Intelligence Pro-
gram for each of the following:
‘‘(1) Counterterrorism.
‘‘(2) Counterproliferation.
‘‘(3) Counternarcotics.
‘‘(4) Counterintelligence.
‘‘(b) ELECTION
OF CLASSIFIED
OR UNCLASSIFIED
FORM.—Amounts set forth under subsection (a) may be set
forth in unclassified form or classified form, at the election
of the Director of Central Intelligence.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
that Act is amended by inserting after the item relating
to section 505 the following new item:
‘‘Sec. 506. Specificity of National Foreign Intelligence Program budget amounts
for counterterrorism, counterproliferation, counternarcotics, and
counterintelligence.’’.
SEC. 305. MODIFICATION OF AUTHORITY TO MAKE FUNDS
FOR INTELLIGENCE ACTIVITIES AVAILABLE
FOR OTHER INTELLIGENCE ACTIVITIES.
(a) NATURE OF UNFORSEEN REQUIREMENTS.—Sec-
tion 504(a) of the National Security Act of 1947 (50 U.S.C.
414(a)) is amended—
(1) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated—
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(A) by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), respec-
tively; and
(B) by striking the semicolon at the end and
inserting a period;
(3) by inserting ‘‘(1)’’ after ‘‘(a)’’;
(4) by striking ‘‘(4) nothing’’ and inserting ‘‘(2)
Nothing’’;
(5) by indenting paragraph (2), as designated by
paragraph (4) of this section, two ems from the left
margin; and
(6) by adding at the end the following new para-
graph:
‘‘(3) For purposes of paragraph (1)(C)(ii), an
unforseen requirement may not include a requirement aris-
ing under statute or the request of a committee or Member
of Congress.’’.
(b) CERTIFICATION REQUIREMENT FOR REPROGRAM-
MING.—Paragraph (1)(C)(iii) of that section, as redesig-
nated by subsection (a) of this section, is further amended
by striking ‘‘has notified’’ and all that follows and inserting
‘‘submits to the appropriate congressional committees, be-
fore obligation of funds for such activity, a certification that
the requirements of clauses (i) and (ii) are met with respect
to such activity.’’.
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SEC. 306. CLARIFICATION OF AUTHORITY TO FURNISH IN-
FORMATION ON INTELLIGENCE ACTIVITIES
TO CONGRESS.
(a) IN GENERAL.—Title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.) is amended by inserting
after section 503 the following new section:
‘‘AUTHORITY TO FURNISH INFORMATION ON INTELLIGENCE
ACTIVITIES TO CONGRESS
‘‘SEC. 503A. Notwithstanding any other provision of
law, and consistent with the obligations of the Director of
Central Intelligence to protect intelligence sources and
methods, it shall not be unlawful for the Director, or a des-
ignee of the Director, to furnish to the congressional intel-
ligence committees information in the possession of an ele-
ment of the intelligence community on intelligence activities
in furtherance of the reporting responsibilities of such ele-
ment under sections 501, 502, and 503 or any other provi-
sion of law requiring the reporting of information on intel-
ligence activities to Congress.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
the National Security Act of 1947 is amended by inserting
after the item relating to section 503 the following new item:
‘‘Sec. 503A. Authority to furnish information on intelligence activities to Con-
gress.’’.
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SEC. 307. STANDARDIZED TRANSLITERATION OF NAMES
INTO THE ROMAN ALPHABET.
(a) METHOD OF TRANSLITERATION REQUIRED.—Not
later than 90 days after the date of the enactment of this
Act, the Director of Central Intelligence shall establish a
standardized method for transliterating into the Roman al-
phabet personal and place names originally rendered in
any language that uses an alphabet other than the Roman
alphabet.
(b) USE BY INTELLIGENCE COMMUNITY.—The Direc-
tor shall ensure the use of the method established under sub-
section (a) in—
(1) all communications among the elements of
the intelligence community; and
(2) all intelligence products of the intelligence
community.
SEC. 308. STANDARDS AND QUALIFICATIONS FOR THE PER-
FORMANCE 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 PERFORM-
ANCE OF INTELLIGENCE ACTIVITIES.—The Director, acting
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as the head of the intelligence community, shall, in con-
sultation with the heads of effected agencies, prescribe
standards and qualifications for persons engaged in the per-
formance of intelligence activities within the intelligence
community.’’.
SEC. 309. MODIFICATION OF DAVID L. BOREN NATIONAL SE-
CURITY EDUCATION PROGRAM.
(a) TERMINATION
OF
SCHOLARSHIP
PROGRAM.—
Paragraph (1) of subsection (a) of section 802 of the David
L. Boren National Security Education Act of 1991 (title
VIII of Public Law 102–183; 50 U.S.C. 1902) is amended—
(1) by striking subparagraph (A); and
(2) by redesignating subparagraph (B) as sub-
paragraph (A).
(b) SUBSTITUTION OF NATIONAL FLAGSHIP LANGUAGE
INITIATIVE FOR GRANT PROGRAM.—That subsection is fur-
ther amended—
(1) in paragraph (1), by striking subparagraph
(C) and inserting the following new subparagraph
(B):
‘‘(B) carrying out activities under para-
graph (2) relating to proficiency in foreign lan-
guages.’’;
(2) by striking paragraph (2);
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(3) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(4) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—
‘‘(A) IN GENERAL.—As part of the program
under paragraph (1), the Secretary shall, in ac-
cordance with regulations prescribed by the Sec-
retary, carry out activities at institutions of
higher education, which activities shall be
designed—
‘‘(i) to produce in professionals an ad-
vanced level of proficiency in foreign lan-
guages that the Board identifies under sec-
tion 803(d)(4) as critical to the national se-
curity of the United States; and
‘‘(ii) to permit undergraduate and
graduate students, and employees of the
United States Government, to undertake
studies to enhance their foreign language
proficiency.
‘‘(B) PARTICIPATION BY FELLOWSHIP RE-
CIPIENTS.—Recipients of fellowships under para-
graph (1)(A) may participate in the activities
carried out under this paragraph.
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‘‘(C) DESIGNATION OF ACTIVITIES.—The ac-
tivities carried out under this paragraph shall be
known as the ‘National Flagship Language Ini-
tiative’.’’.
(c) FUNDING ALLOCATION.—That subsection is further
amended by inserting after paragraph (2), as amended by
subsection (b) of this section, the following new paragraph
(3):
‘‘(3) FUNDING
ALLOCATIONS.—Of the amount
available for obligation out of the Fund for any fiscal
year, the Secretary shall allocate such amount in a
manner considered appropriate by the Secretary for
purposes of fellowships under paragraph (1)(A) and
carrying out activities under paragraph (1)(B).’’.
(d) CONFORMING AMENDMENTS.—(1) Section 802 of
that Act is further amended—
(A) in subsection (a)(5), as redesignated by sub-
section (b)(3) of this section, by striking ‘‘scholar-
ships, fellowships, and grants’’ and inserting ‘‘fellow-
ships, and the carrying out of activities,’’;
(B) in subsection (b)—
(i) in the matter preceding paragraph (1)—
(I) by striking ‘‘scholarship or’’; and
(II) by striking ‘‘or any scholarship’’;
and
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(ii) by striking paragraph (2) and inserting
the following new paragraph (2):
‘‘(2) shall, upon completion of such recipient’s
education under the program, and in accordance with
such regulations—
‘‘(A) work in a national security position
for a period specified by the Secretary, which pe-
riod shall be not less than the period for which
the fellowship assistance was provided; or
‘‘(B) if the recipient demonstrates to the
Secretary (in accordance with such regulations)
that no national security position is available
upon the completion of the degree, work in the
field of higher education in a discipline relating
to the foreign country, foreign language, area
study, counterproliferation study, or inter-
national field of study for which the fellowship
was awarded for a period specified by the Sec-
retary, which period shall be established in ac-
cordance with subparagraph (A); and’’;
(C) in subsection (c)—
(i) by striking ‘‘scholarship or’’ each place
it appears; and
(ii) by striking ‘‘scholarships and’’;
(D) in subsection (d)—
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(i) by striking ‘‘scholarships, fellowships, or
grants’’ and inserting ‘‘fellowships, or for the
carrying out of activities,’’; and
(ii) by striking ‘‘scholarships, fellowships, or
grants (as the case may be)’’ and inserting ‘‘such
fellowships or activities, as the case may be,’’;
(E) in subsection (e), by striking ‘‘scholarships,
fellowships, and grants’’ and inserting ‘‘fellowships,
and carry out activities,’’;
(F) in subsection (f), by striking ‘‘grant, scholar-
ship, or’’; and
(G) in subsection (g)(1), by striking ‘‘or scholar-
ship’’.
(2) Section 803(d) of that Act (50 U.S.C. 1903(d)) is
amended—
(A) in paragraph (1), by striking ‘‘scholarships,
fellowships, and grants’’ and inserting ‘‘fellowships,
and carrying out activities,’’;
(B) in paragraph (3)—
(i) by striking ‘‘desiring scholarships or fel-
lowships, and institutions of higher education
desiring grants under this chapter’’ and insert-
ing 
‘‘desiring 
fellowships 
under 
section
802(a)(1), and institutions of higher education
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desiring to carry out activities under section
802(a)(2)’’; and
(ii) by striking ‘‘scholarship or’’ each place
it appears;
(C) in paragraph (4)—
(i) by striking subparagraphs (A) and (C);
(ii) by redesignating subparagraphs (B)
and (D) as subparagraphs (A) and (C), respec-
tively;
(iii) in subparagraph (A), as so redesig-
nated, by striking ‘‘section 802(a)(1)(B)’’ and
inserting ‘‘section 802(a)(1)(A)’’;
(iv) by inserting after subparagraph (A) the
following new subparagraph (B):
‘‘(B) which foreign languages are critical to
the national security interests of the United
States for purposes of section 802(a)(2); and’’;
and
(v) in subparagraph (C), as so redesignated,
by striking ‘‘scholarships or’’;
(D) in paragraph (6), by striking ‘‘scholarship
recipients and’’; and
(E) in paragraph (7), by striking ‘‘scholarship
or’’.
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(3) Section 804(b)(1) of that Act (50 U.S.C.
1904(b)(1)) is amended by striking ‘‘scholarships, fellow-
ships, and grants’’ and inserting ‘‘fellowships and carrying
out activities’’.
(4) The heading for title VIII of the Intelligence Au-
thorization Act, Fiscal Year 1992 (Public Law 102–183)
is amended to read as follows:
‘‘TITLE 
VIII—NATIONAL 
SECU-
RITY 
FELLOWSHIPS 
AND
OTHER 
EDUCATIONAL 
SUP-
PORT’’.
(5) The heading of section 802 of that Act is amended
to read as follows:
‘‘SEC. 802. PROGRAM OF FELLOWSHIPS AND OTHER EDU-
CATIONAL SUPPORT.’’.
(e) CONSTRUCTION OF AMENDMENTS.—Nothing in the
amendments to the David L. Boren National Security Edu-
cation Act of 1991 made by this section shall affect the va-
lidity of any scholarship, fellowship, or grant made or
awarded under that Act before the date of the enactment
of this Act.
(f) REPORT
ON CONVERSION
OF FUNDING FROM
TRUST FUND TO ANNUAL APPROPRIATIONS.—(1) Not later
than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall, in conjunction with the Di-
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rector of Central Intelligence, submit to the congressional
intelligence committees a report on the advisability of con-
verting the funding of the program of fellowships and other
educational support under the David L. Boren National Se-
curity Education Act of 1991, as amended by this section,
from funding through the National Security Education
Trust Fund under section 804 of that Act to funding
through appropriations.
(2) If the Secretary and the Director determine in the
report under paragraph (1) that the conversion of funding
referred to in that paragraph is advisable, the report shall
include a recommendation for such legislation as the Sec-
retary and the Director consider appropriate to implement
the conversion of funding.
(g) REPORT ON MODIFICATION OF NATIONAL FLAG-
SHIP LANGUAGE INITIATIVE BEFORE IMPLEMENTATION.—
If the Secretary, in conjunction with the Director, proposes
any modification of the National Flagship Language Ini-
tiative under paragraph (2) of section 802(a) of the David
L. Boren National Security Education Act of 1991, as
amended by subsection (c) of this section, between the date
of the enactment of this Act and the date of the implementa-
tion of the initiative, the Secretary and the Director shall
jointly submit to the congressional intelligence committees
a report on the proposed modification.
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(h) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—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 Intel-
ligence of the House of Representatives.
SEC. 310. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT
OF GRADUATE DEGREES IN SCIENCE AND
TECHNOLOGY.
(a) PROGRAM REQUIRED.—The National Security Act
of 1947 is amended—
(1) by redesignating title X as title XI;
(2) by redesignating section 1001 as section
1101; and
(3) by inserting after title IX the following new
title X:
‘‘TITLE X—EDUCATION IN SUPPORT OF
NATIONAL INTELLIGENCE
‘‘SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF
GRADUATE DEGREES IN SCIENCE AND TECHNOLOGY
‘‘SEC. 1001. (a) PROGRAM REQUIRED.—The Director
of Central Intelligence shall carry out a program to provide
scholarships and work-study for individuals who are pur-
suing graduate degrees in fields of study in science and
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technology that are identified by the Director as appro-
priate to meet the future needs of the intelligence commu-
nity for qualified scientists and engineers.
‘‘(b) ADMINISTRATION.—The Director shall administer
the program through the Assistant Director of Central Intel-
ligence for Administration.
‘‘(c) IDENTIFICATION OF FIELDS OF STUDY.—The Di-
rector shall identify fields of study under subsection (a) in
consultation with the other heads of the elements of the intel-
ligence community.
‘‘(d) ELIGIBILITY
FOR
PARTICIPATION.—An indi-
vidual eligible to participate in the program is any indi-
vidual who—
‘‘(1) either—
‘‘(A) is an employee of the intelligence com-
munity; or
‘‘(B) meets criteria for eligibility for em-
ployment 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.
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‘‘(e) REGULATIONS.—The Director shall prescribe reg-
ulations for purposes of the administration of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
the National Security Act of 1947 is amended by striking
the items relating to title X and section 1001 and inserting
the following new items:
‘‘TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
‘‘Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in
science and technology.
‘‘TITLE XI—OTHER PROVISIONS
‘‘Sec. 1101. Applicability to United States intelligence activities of Federal laws
implementing international treaties and agreements.’’.
SEC. 311. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) ESTABLISHMENT.—The Director of Central Intel-
ligence, 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 intel-
ligence community engaged in the acquisition, storage,
translation, or analysis of voice or data in digital form.
(b) DESIGNATION.—The element established under sub-
section (a) shall be known as the National Virtual Trans-
lation 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
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most current available information technology that is ap-
plicable to the function of the element.
(d) DEADLINE FOR ESTABLISHMENT.—The element re-
quired by subsection (a) shall be established as soon as prac-
ticable after the date of the enactment of this Act, but not
later than 90 days after that date.
SEC. 312. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) ESTABLISHMENT.—The Director of Central Intel-
ligence, 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 associ-
ated with international terrorism in their activities relat-
ing to international terrorism.
(b) DESIGNATION.—The element established under sub-
section (a) shall be known as the Foreign Terrorist Asset
Tracking Center.
(c) DEADLINE FOR ESTABLISHMENT.—The element re-
quired by subsection (a) shall be established as soon as prac-
ticable after the date of the enactment of this Act, but not
later than 90 days after that date.
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SEC. 313. TERRORIST IDENTIFICATION CLASSIFICATION
SYSTEM.
(a) REQUIREMENT.—(1) The Director of Central Intel-
ligence, 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 organi-
zations 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 pre-
scribe 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 uti-
lized to determine the inclusion, or deletion or omission,
of an individual or organization on or from the list is de-
rived from all-source intelligence.
(3) The Director shall ensure that the list is main-
tained in accordance with existing law and regulations gov-
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erning the collection, storage, and dissemination of intel-
ligence concerning United States persons.
(c) 
INFORMATION
SHARING.—Subject 
to 
section
103(c)(6) of the National Security Act of 1947 (50 U.S.C.
403–3(c)(6)), relating to the protection of intelligence
sources and methods, the Director shall provide for the shar-
ing of the list, and information on the list, with such de-
partments and agencies of the Federal Government, State
and local government agencies, and entities of foreign gov-
ernments and international organizations as the Director
considers appropriate.
(d) REPORTING AND CERTIFICATION.—(1) The Direc-
tor shall review on an annual basis the information pro-
vided 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 de-
partments 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 in-
telligence 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 agen-
cies.
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(e) REPORT ON CRITERIA FOR INFORMATION SHAR-
ING.—(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 in-
formation 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 Gov-
ernment, State and local government agencies, and entities
of foreign governments and international organizations.
(2) The report shall include a description of the cir-
cumstances in which the Director has determined that shar-
ing information on the list with the departments and agen-
cies of the Federal Government, and of State and local gov-
ernments, described by subsection (c) would be inappro-
priate due to the concerns addressed by section 103(c)(6)
of the National Security Act of 1947, relating to the protec-
tion of sources and methods, and any instance in which
the sharing on information on the list has been inappro-
priate in light of such concerns.
(f) SYSTEM ADMINISTRATION REQUIREMENTS.—(1)
The Director shall, to the maximum extent practicable, en-
sure the interoperability of the Terrorist Identification
Classification System with relevant information systems of
the departments and agencies of the Federal Government,
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and of State and local governments, described by subsection
(c).
(2) The Director shall ensure that the System utilizes
technologies that are effective in aiding the identification
of individuals in the field.
(g) REPORT ON STATUS OF SYSTEM.—(1) Not later
than one year after the date of the enactment of this Act,
the Director shall, in consultation with the Director of
Homeland Security, submit to the congressional intelligence
committees a report on the status of the Terrorist Identifica-
tion Classification System. The report shall contain a cer-
tification on the following:
(A) Whether or not the System contains the in-
telligence information necessary to facilitate the con-
tribution of the System to the domestic security of the
United States.
(B) Whether or not the departments and agencies
having access to the System have access in a manner
that permits such departments and agencies to carry
out appropriately their domestic security responsibil-
ities.
(C) Whether or not the System is operating in
a manner that maximizes its contribution to the do-
mestic security of the United States.
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(D) If a certification under subparagraph (A),
(B), or (C) is in the negative, the modifications or en-
hancements 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 DE-
FINED.—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 Intel-
ligence of the House of Representatives.
SEC. 314. ANNUAL REPORT ON FOREIGN COMPANIES IN-
VOLVED IN THE PROLIFERATION OF WEAP-
ONS OF MASS DESTRUCTION THAT RAISE
FUNDS IN THE UNITED STATES CAPITAL MAR-
KETS.
(a) ANNUAL REPORT REQUIRED.—The Director of
Central Intelligence shall submit to the appropriate com-
mittees of Congress on an annual basis a report setting
forth each foreign company described in subsection (b) that
raised or attempted to raise funds in the United States cap-
ital markets during the preceding year.
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(b) COVERED FOREIGN COMPANIES.—A foreign com-
pany described in this subsection is any foreign company
determined by the Director to be engaged or involved in the
proliferation of weapons of mass destruction (including nu-
clear, biological, or chemical weapons) or the means to de-
liver such weapons.
(c) SUBMITTAL DATES.—(1) In the case of the appro-
priate committees of Congress referred to in paragraph (1)
of subsection (e), the date each year for the submittal of
the report required by subsection (a) shall be the date pro-
vided in section 507 of the National Security Act of 1947,
as added by section 401 of this Act.
(2) In the case of the appropriate committees of Con-
gress referred to in paragraphs (2) and (3) of subsection
(e), the date each year for the submittal of the report re-
quired by subsection (a) shall be February 1 of such year.
(d) FORM
OF REPORTS.—Each report under sub-
section (a) shall be submitted in unclassified form, but may
include a classified annex.
(e) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intel-
ligence of the House of Representatives;
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(2) the Committees on Armed Services, Banking,
Housing, and Urban Affairs, and Governmental Af-
fairs of the Senate; and
(3) the Committees on Armed Services, Finan-
cial Services, and Government Reform of the House
of Representatives.
SEC. 315. TWO-YEAR EXTENSION OF CENTRAL INTEL-
LIGENCE AGENCY VOLUNTARY SEPARATION
PAY ACT.
Section 2(i) of the Central Intelligence Agency Vol-
untary Separation Pay Act (50 U.S.C. 403–4 note) is
amended—
(1) in subsection (f), by striking ‘‘September 30,
2003’’ and inserting ‘‘September 30, 2005’’; and
(2) in subsection (i), by striking ‘‘in fiscal year
1998, 1999, 2000, 2001, 2002, or 2003’’ and inserting
‘‘in fiscal years 1998 through 2005’’.
SEC. 316. ADDITIONAL ONE-YEAR SUSPENSION OF REORGA-
NIZATION OF DIPLOMATIC TELECOMMUNI-
CATIONS SERVICE PROGRAM OFFICE.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107–108; 115 Stat. 1401;
22 U.S.C. 7301 note) is amended by striking ‘‘October 1,
2002’’ and inserting ‘‘October 1, 2003’’.
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TITLE IV—REPORTING
REQUIREMENTS
Subtitle A—Submittal of Reports to
Intelligence Committees
SEC. 401. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND
SEMI-ANNUAL REPORTS TO THE CONGRES-
SIONAL INTELLIGENCE COMMITTEES.
(a) IN GENERAL.—(1) Title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.), as amended by section
304 of this Act, is further amended by adding at the end
the following new section:
‘‘DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMI-
ANNUAL
REPORTS
TO
THE
CONGRESSIONAL
INTEL-
LIGENCE COMMITTEES
‘‘SEC. 507. (a) ANNUAL REPORTS.—The date for the
submittal to the congressional intelligence committees of the
following annual reports shall be the date each year pro-
vided in subsection (c)(1):
‘‘(1) The annual report on the assessment of the
satisfaction of the intelligence community with the
collection, analysis, and production of intelligence re-
quired by section 102(i).
‘‘(2) The annual evaluation of the performance
and responsiveness of certain elements of the intel-
ligence community required by section 105(d).
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‘‘(23) The annual report on counterdrug intel-
ligence matters required by section 417 of the Intel-
ligence Authorization Act for Fiscal Year 2003.
‘‘(24) The annual report on certifications for im-
munity in interdiction of aircraft engaged in illicit
drug trafficking required by section 1012(c)(2) of the
National Defense Authorization Act for Fiscal Year
1995 (22 U.S.C. 2291–4(c)(2)).
‘‘(25) The annual report on exceptions to con-
sumer disclosure requirements for national security
investigations under section 604(b)(4)(E) of the Fair
Credit Reporting Act (15 U.S.C. 1681b(b)(4)(E)).
‘‘(26) The annual report on activities under the
David L. Boren National Security Education Act of
1991 (title VIII of Public Law 102–183; 50 U.S.C.
1901 et seq.) required by section 806(a) of that Act
(50 U.S.C. 1906(a)).
‘‘(b) SEMI-ANNUAL REPORTS.—The dates for the sub-
mittal to the congressional intelligence committees of the fol-
lowing semi-annual reports shall be the dates each year pro-
vided in subsection (c)(2):
‘‘(1) The periodic reports on intelligence pro-
vided to the United Nations required by section
112(b)(3).
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‘‘(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 Intel-
ligence 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 Classi-
fied Information Procedures Act (5 U.S.C. App.) as
required by section 13(b) of that Act.
‘‘(4) The semiannual reports on the acquisition
of technology relating to weapons of mass destruction
and advanced chemical munitions required by section
721(b) of the Combatting Proliferation of Weapons of
Mass Destruction Act of 1996 (title VII of Public Law
104–293; 50 U.S.C. 2366(b)).
‘‘(5) The semiannual reports on the activities of
the Diplomatic Telecommunications Service Program
Office (DTS–PO) required by section 322(a)(6)(D)(ii)
of the Intelligence Authorization Act for Fiscal Year
2001 (22 U.S.C. 7302(a)(6)(D)(ii)).
‘‘(6) The semiannual reports on the disclosure of
information and consumer reports to the Federal Bu-
reau of Investigation for counterintelligence purposes
required by section 624(h)(2) of the Fair Credit Re-
porting Act (15 U.S.C. 1681u(h)(2)).
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‘‘(7) The semiannual provision of information
on requests for financial information for foreign coun-
terintelligence 
purposes 
required 
by 
section
1114(a)(5)(C) of the Right to Financial Privacy Act
of 1978 (12 U.S.C. 3414(a)(5)(C)).
‘‘(c) SUBMITTAL DATES FOR REPORTS.—(1) Except as
provided in subsection (d), each annual report listed in sub-
section (a) shall be submitted not later than February 1.
‘‘(2) Except as provided in subsection (d), each semi-
annual report listed in subsection (b) shall be submitted not
later than February 1 and August 1.
‘‘(d) POSTPONEMENT OF SUBMITTAL.—(1) Subject to
paragraph (3), the date for the submittal of an annual re-
port listed in subsection (a) may be postponed until March
1, or the date of the submittal of a semiannual report listed
in subsection (b) may be postponed until March 1 or Sep-
tember 1, as the case may be, if the official required to sub-
mit 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 de-
scribed in subparagraph (B) may be postponed by not more
than 30 days from the date otherwise specified in the provi-
sion of law for the submittal of such report if the official
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required to submit such report submits to the congressional
intelligence committees a written notification of such post-
ponement.
‘‘(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 provi-
sion 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 intel-
ligence committees a written certification that preparation
and submittal of such report at such time will impede the
work of officers or employees of the intelligence community
in a manner that will be detrimental to the national secu-
rity of the United States.
‘‘(B) A certification with respect to a report under sub-
paragraph (A) shall include a proposed submittal date for
such report, and such report shall be submitted not later
than that date.
‘‘(e) CONSTRUCTION.—The provisions of this section
shall not affect the date for the submittal of any report cov-
ered by this section to a Member or committee of Congress
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other than the congressional intelligence committees, or to
an official of the Executive branch.’’.
(2) The table of sections for the National Security Act
of 1947, as amended by section 304 of this Act, is further
amended by inserting after the item relating to section 506
the following new item:
‘‘Sec. 507. Dates for submittal of various annual and semi-annual reports to the
congressional intelligence committees.’’.
(b) REPORT OF GENERAL COUNSEL OF CIA ON EF-
FORTS TO ENSURE COMPLIANCE WITH REPORTING DEAD-
LINES.—(1) Not later than December 1, 2002, the General
Counsel of the Central Intelligence Agency shall submit to
the congressional intelligence committees a report on the ef-
forts of the Office of the General Counsel of the Central In-
telligence Agency to ensure compliance by the elements of
the intelligence community with the requirements of section
507 of the National Security Act of 1947, as added by sub-
section (a).
(c) CONFORMING AMENDMENTS TO EXISTING REPORT-
ING REQUIREMENTS.—
(1) NATIONAL SECURITY ACT OF 1947.—(A) Sub-
section (d) of section 105 of the National Security Act
of 1947 (50 U.S.C. 403–5) is amended to read as fol-
lows:
‘‘(d) ANNUAL EVALUATION OF PERFORMANCE AND RE-
SPONSIVENESS OF CERTAIN ELEMENTS OF INTELLIGENCE
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COMMUNITY.—(1) Not later each year than the date pro-
vided in section 507, the Director shall submit to the con-
gressional intelligence committees the evaluation described
in paragraph (3).
‘‘(2) The Director shall submit each year to the Com-
mittee on Foreign Intelligence of the National Security
Council, and to the Committees on Armed Services and Ap-
propriations of the Senate and House of Representatives,
the evaluation described in paragraph (3).
‘‘(3) An evaluation described in this paragraph is an
evaluation of the performance and responsiveness of the Na-
tional Security Agency, the National Reconnaissance Office,
and the National Imagery and Mapping Agency in meeting
their respective national missions.
‘‘(4) The Director shall submit each evaluation under
this subsection in consultation with the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff.’’.
(B) Section 109 of that Act (50 U.S.C. 404d) is
amended—
(i) in subsection (a), by striking paragraph
(1) and inserting the following new paragraph
(1):
‘‘(1)(A) Not later each year than the date provided in
section 507, the President shall submit to the congressional
intelligence committees a report on the requirements of the
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United States for intelligence and the activities of the intel-
ligence community.
‘‘(B) Not later than January 31 each year, and in-
cluded with the budget of the President for the next fiscal
year under section 1105(a) of title 31, United States Code,
the President shall submit to the appropriate congressional
committees the report described in subparagraph (A).’’;
(ii) in subsection (c), as amended by section
803(a) of the Intelligence Renewal and Reform
Act of 1996 (title VIII of Public Law 104–293;
110 Stat. 3475)—
(I) in paragraph (1), by striking ‘‘The
Select Committee on Intelligence of the Sen-
ate, the Committee on Appropriations,’’ and
inserting ‘‘The Committee on Appropria-
tions’’; and
(II) in paragraph (2), by striking
‘‘The Permanent Select Committee on Intel-
ligence of the Senate, the Committee on Ap-
propriations,’’ and inserting ‘‘The Com-
mittee on Appropriations’’; and
(iii) by striking subsection (c), as added by
section 304(a) of the Intelligence Authorization
Act for Fiscal Year 1994 (Public Law 103–178;
107 Stat. 2034).
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(C) Section 112(b) of that Act (50 U.S.C.
404g(b)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(3) In the case of periodic reports required to be sub-
mitted under the first sentence of paragraph (1) to the con-
gressional intelligence committees, the submittal dates for
such reports shall be as provided in section 507.’’.
(D) Section 113(c) of that Act (50 U.S.C.
404h(c)) is amended by striking ‘‘Not later than’’ and
all that follows through ‘‘a report’’ and inserting ‘‘Not
later each year than the date provided in section 507,
the Director of Central Intelligence shall submit to the
congressional intelligence committees an annual re-
port’’.
(E) Section 114 of that Act (50 U.S.C. 404i) is
amended—
(i) in subsection (a)—
(I) in paragraph (1), by striking ‘‘the
congressional intelligence committees and’’;
(II) by redesignating paragraphs (2)
and (3) as paragraphs (3) and (4), respec-
tively; and
(III) by inserting after paragraph (1)
the following new paragraph (2):
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‘‘(2) Not later each year than the date provided in sec-
tion 507, the Director shall submit to the congressional in-
telligence committees the report required to be submitted
under paragraph (1) during the preceding year.’’;
and
(ii) in subsection (b)(1), by striking ‘‘, on
an annual basis’’ and all that follows through
‘‘leadership’’ and inserting ‘‘submit to the con-
gressional leadership on an annual basis, and to
the congressional intelligence committees on the
date each year provided in section 507,’’.
(F) Section 603 of that Act (50 U.S.C. 423) is
amended—
(i) in subsection (a), by adding at the end
the following new sentence: ‘‘The date for the sub-
mittal of the report shall be the date provided in
section 507.’’; and
(ii) in subsection (b), by striking the second
sentence.
(2) CENTRAL
INTELLIGENCE
AGENCY
ACT
OF
1949.—(A) Section 5(c)(2) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f(c)(2)) is
amended—
(i) by striking ‘‘The Director’’ and all that
follows through ‘‘an annual’’ and inserting ‘‘Not
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later each year than the date provided in section
507 of the National Security Act of 1947, the Di-
rector shall submit to the congressional intel-
ligence committees (as defined in section 3 of
that Act (50 U.S.C. 401a)) a’’; and
(ii) by inserting ‘‘during the preceding
year’’ after ‘‘paragraph (1)’’.
(B) Section 17(d)(1) of that Act (50 U.S.C.
403q(d)(1)) is amended in the second sentence by
striking ‘‘Within thirty days of receipt of such re-
ports,’’ and inserting ‘‘Not later than the dates each
year provided for the transmittal of such reports in
section 507 of the National Security Act of 1947,’’.
(C) Section 21(g) of that Act (50 U.S.C.
403u(g)) is amended by striking paragraph (3) and
inserting the following new paragraphs:
‘‘(3) Not later than 30 days after the completion of
an audit under paragraph (1), the Inspector General shall
submit a copy of the audit to the Director of the Office of
Management and Budget and the Director of Central Intel-
ligence.
‘‘(4) Not later each year than the date provided in sec-
tion 507 of the National Security Act of 1947, the Inspector
General shall submit to the congressional intelligence com-
mittees (as defined in section 3 of that Act (50 U.S.C.
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401a)) a copy of the audit completed under paragraph (1)
during the preceding year.’’.
(3) NATIONAL SECURITY AGENCY ACT OF 1959.—
Section 11(a)(5) of the National Security Agency Act
of 1959 (50 U.S.C. 402 note) is amended by striking
‘‘Not later than’’ and all that follows through ‘‘the
Senate’’ and inserting ‘‘Not later each year than the
date provided in section 507 of the National Security
Act of 1947, the Director shall submit to the congres-
sional intelligence committees (as defined in section 3
of that Act (50 U.S.C. 401a)) a report’’.
(4) 
CLASSIFIED
INFORMATION
PROCEDURES
ACT.—Section 13 of the Classified Information Proce-
dures Act (5 U.S.C. App.) is amended—
(A) by redesignating subsection (b) as sub-
section (c); and
(B) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) In the case of the semiannual reports (whether
oral or written) required to be submitted under subsection
(a) to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate, the submittal dates for such re-
ports shall be as provided in section 507 of the National
Security Act of 1947.’’.
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(5) TITLE 10, UNITED STATES CODE.—(A) Sec-
tion 437 of title 10, United States Code, is
amended—
(i) in subsection (c), by striking ‘‘Not later
than’’ and all that follows through ‘‘of Congress’’
and inserting ‘‘Not later each year than the date
provided in section 507 of the National Security
Act of 1947, the Secretary shall submit to the
congressional intelligence committees (as defined
in section 3 of that Act (50 U.S.C. 401a))’’; and
(ii) by striking subsection (d).
(B) Section 1611(e) of that title is amended—
(i) in paragraph (1), by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraph (3)’’;
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following new paragraph (2):
‘‘(2) In the case of a report required to be submitted
under paragraph (1) to the Permanent Select Committee
on Intelligence of the Senate and the Select Committee on
Intelligence of the House of Representatives, the date for the
submittal of such report shall be as provided in section 507
of the National Security Act of 1947.’’.
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‘‘(B) CONGRESSIONAL
LEADERSHIP.—The
term ‘congressional leadership’ means the Speak-
er and the minority leader of the House of Rep-
resentatives and the majority leader and the mi-
nority leader of the Senate.’’; and
(ii) by redesignating subsection (e) as sub-
section (d).
(B) Paragraph (6) of section 811(c) of that Act
(50 U.S.C. 402a(c)) is amended to read as follows:
‘‘(6)(A) Not later each year than the date provided in
section 507 of the National Security Act of 1947, the Direc-
tor of the Federal Bureau of Investigation shall submit to
the congressional intelligence committees (as defined in sec-
tion 3 of that Act (50 U.S.C. 401a)) a report with respect
to compliance with paragraphs (1) and (2) during the pre-
vious calendar year.
‘‘(B) Not later than February 1 each year, the Director
shall, in accordance with applicable security procedures,
submit to the Committees on the Judiciary of the Senate
and House of Representatives a report with respect to com-
pliance with paragraphs (1) and (2) during the previous
calendar year.
‘‘(C) The Director of the Federal Bureau of Investiga-
tion shall submit each report under this paragraph in con-
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sultation with the Director of Central Intelligence and the
Secretary of Defense.’’.
(C) Section 721 of the Combatting Proliferation
of Weapons of Mass Destruction Act of 1996 (title VII
of Public Law 104–293; 110 Stat. 3474; 50 U.S.C.
236) is amended—
(i) in subsection (a), by striking ‘‘Not later
than’’ and all that follows through ‘‘the Director’’
and inserting ‘‘The Director’’;
(ii) by redesignating subsection (b) as sub-
section (c);
(iii) by inserting after subsection (a) the
following new subsection (b):
‘‘(b) SUBMITTAL DATES.—(1) The report required by
subsection (a) shall be submitted each year to the congres-
sional intelligence committees on a semiannual basis on the
dates provided in section 507 of the National Security Act
of 1947.
‘‘(2) The report required by subsection (a) shall be sub-
mitted each year to the congressional leadership on April
11 and October 11 of such year.
‘‘(3) In this subsection:
‘‘(A) The term ‘congressional intelligence com-
mittees’ has the meaning given that term in section
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3 of the National Security Act of 1947 (50 U.S.C.
401a).
‘‘(B) The term ‘congressional leadership’ means
the Speaker and the minority leader of the House of
Representatives and the majority leader and the mi-
nority leader of the Senate.’’; and
(iv) in subsection (c), as so redesignated, by
striking ‘‘The reports’’ and inserting ‘‘Each re-
port’’.
(D) Section 308 of the Intelligence Authorization
Act for Fiscal Year 1998 (Public Law 105–107; 111
Stat. 2253; 50 U.S.C. 402a note) is amended—
(i) in subsection (a)—
(I) by striking ‘‘Not later than’’ and
all that follows through ‘‘the Director of
Central Intelligence’’ and inserting ‘‘The
Director of Central Intelligence’’; and
(II) by inserting ‘‘on an annual basis’’
after ‘‘to Congress’’; and
(ii) by adding at the end the end the fol-
lowing new subsection (c):
‘‘(c) SUBMITTAL DATE OF REPORT TO LEADERSHIP
OF
CONGRESSIONAL
INTELLIGENCE
COMMITTEES.—The
date each year for the submittal to the Chairman and Rank-
ing Member of the Permanent Select Committee on Intel-
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ligence of the House of Representatives and the Chairman
and Ranking Member of the Select Committee on Intel-
ligence of the Senate of the report required by subsection
(a) shall be the date provided in section 507 of the National
Security Act of 1947.’’.
(E) Section 322(a)(6)(D) of the Intelligence Au-
thorization Act for Fiscal Year 2001 (Public Law
105–567; 114 Stat. 2844; 22 U.S.C. 7302(a)(6)(D)) is
amended—
(i) in clause (i), by striking ‘‘Beginning
on’’ and inserting ‘‘Except as provided in clause
(ii), beginning on’’;
(ii) by redesignating clause (ii) as clause
(iii);
(iii) by inserting after clause (i) the fol-
lowing new clause (ii):
‘‘(ii) SUBMITTAL
DATE
OF
REPORTS
TO
CONGRESSIONAL INTELLIGENCE COMMITTEES.—
In the case of reports required to be submitted
under clause (i) to the congressional intelligence
committees (as defined in section 3 of the Na-
tional Security Act of 1947 (50 U.S.C. 401a)),
the submittal dates for such reports shall be as
provided in section 507 of that Act.’’; and
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(iv) in clause (iii), as so redesignated, by
striking ‘‘report’’ and inserting ‘‘reports’’.
(F) Section 606(b)(2) of the Counterintelligence
Reform Act of 2000 (title VI of Public Law 106–567;
114 Stat. 2854) is amended—
(i) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph
(C)’’;
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph (B):
‘‘(B) In the case of a report required to be submitted
under subparagraph (A) to the congressional intelligence
committees (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), the submittal date for such
report shall be as provided in section 507 of that Act.’’.
(7) PUBLIC LAW 103–337.—Section 1012(c) of the
National Defense Authorization Act for Fiscal Year
1995 (22 U.S.C. 2291–4(c)) is amended—
(A) in paragraph (1), by striking ‘‘Not later
than’’ and inserting ‘‘Except as provided in
paragraph (2), not later than’’;
(B) by redesignating paragraph (2) as
paragraph (3); and
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(C) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) In the case of a report required to be submitted
under paragraph (1) to the congressional intelligence com-
mittees (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)), the submittal date for such
report shall be as provided in section 507 of that Act.’’.
(8) DAVID L. BOREN NATIONAL SECURITY EDU-
CATION ACT OF 1991.—The David L. Boren National
Security Education Act of 1991 (title VIII of Public
Law 102–183; 50 U.S.C. 1901 et seq.) is amended—
(A) in section 806(a) (50 U.S.C. 1906(a))—
(i) by inserting ‘‘(1)’’ before ‘‘The Sec-
retary’’;
(ii) in paragraph (1), as so designated,
by striking ‘‘the Congress’’ and inserting
‘‘the congressional intelligence committees’’;
(iii) by designating the second sentence
as paragraph (2) and indenting the left
margin of such paragraph, as so designated,
two ems;
(iv) in paragraph (2), as so des-
ignated, by inserting ‘‘submitted to the
President’’ after ‘‘The report’’; and
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(v) by adding at the end the following
new paragraph (3):
‘‘(3) The report submitted to the congressional intel-
ligence committees shall be submitted on the date provided
in section 507 of the National Security Act of 1947.’’; and
(B) in section 808 (50 U.S.C. 1908), by
adding at the end the following new paragraph
(5):
‘‘(5) The term ‘congressional intelligence commit-
tees’ means—
‘‘(A) the Select Committee on Intelligence of
the Senate; and
‘‘(B) the Permanent Select Committee on
Intelligence of the House of Representatives.’’.
(9) FAIR CREDIT REPORTING ACT.—(A) Section
604(b)(4) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)) is amended—
(i) in subparagraph (D), by striking ‘‘Not
later than’’ and inserting ‘‘Except as provided in
subparagraph (E), not later than’’;
(ii) by redesignating subparagraph (E) as
subparagraph (F); and
(iii) by inserting after subparagraph (D)
the following new subparagraph (E):
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‘‘(E) REPORTS TO CONGRESSIONAL INTEL-
LIGENCE COMMITTEES.—In the case of a report
to be submitted under subparagraph (D) to the
congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947
(50 U.S.C. 401a)), the submittal date for such
report shall be as provided in section 507 of that
Act.’’.
(B) Section 624(h) of that Act (15 U.S.C.
1681u(h)) is amended—
(i) by inserting ‘‘(1)’’ before ‘‘On a semi-
annual basis,’’; and
(ii) by adding at the end the following new
paragraph:
‘‘(2) In the case of the semiannual reports required to
be submitted under paragraph (1) to the Permanent Select
Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate, the
submittal dates for such reports shall be as provided in sec-
tion 507 of the National Security Act of 1947.’’.
(10) RIGHT
TO
FINANCIAL
PRIVACY
ACT
OF
1978.—Section 1114(a)(5)(C) of the Right to Finan-
cial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)) is
amended by striking ‘‘On a semiannual’’ and all that
follows through ‘‘the Senate’’ and inserting ‘‘On the
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dates provided in section 507 of the National Security
Act of 1947, the Attorney General shall fully inform
the congressional intelligence committees (as defined
in section 3 of that Act (50 U.S.C. 401a))’’.
Subtitle B—Recurring Annual
Reports
SEC. 411. ANNUAL ASSESSMENT OF SATISFACTION OF IN-
TELLIGENCE COMMUNITY WITH COLLECTION,
ANALYSIS, 
AND 
PRODUCTION 
OF 
INTEL-
LIGENCE.
Section 102 of the National Security Act of 1947 (50
U.S.C. 403) is amended by adding at the end the following
new subsection:
‘‘(i) ANNUAL ASSESSMENT OF SATISFACTION OF IN-
TELLIGENCE COMMUNITY WITH COLLECTION, ANALYSIS,
AND PRODUCTION OF INTELLIGENCE.—(1) The Assistant
Director of Central Intelligence for Collection and the As-
sistant Director of Central Intelligence for Analysis and
Production shall conduct each year a comprehensive review
of the satisfaction of the elements of the intelligence commu-
nity with the collection, analysis, and production of intel-
ligence during the preceding year.
‘‘(2) Each review for a year under paragraph (1) shall
include—
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‘‘(A) an evaluation of the effectiveness of the in-
telligence collection, analysis, and production pro-
grams of the intelligence community in such year in
meeting the requirements of the intelligence commu-
nity for intelligence, including whether or not gaps
exist in such programs; and
‘‘(B) an assessment of the allocation of resources
for the collection, analysis, and production of intel-
ligence in such year to determine whether or not an
alternative allocation of such resources would better
meet the requirements of the intelligence community
for intelligence.
‘‘(3) The Assistant Directors shall jointly submit to the
Director of Central Intelligence a report on each review con-
ducted under paragraph (1). Each report shall—
‘‘(A) set forth the results of the evaluation and
assessment under paragraph (2);
‘‘(B) describe any significant successes or fail-
ures in the collection, analysis, or production of intel-
ligence in the year covered by such report; and
‘‘(C) include any recommendations regarding the
collection, analysis, or production of intelligence that
the Assistant Directors consider appropriate.
‘‘(4) The Director of Central Intelligence shall trans-
mit to the congressional intelligence committees each report
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submitted under paragraph (3). The Director shall include
in the transmittal of such report any comments and rec-
ommendations regarding such report that the Director con-
siders appropriate.
‘‘(5) The submittal date for a report under paragraph
(4) each year shall be the date provided in section 507.’’.
SEC. 412. ANNUAL REPORT ON THREAT OF ATTACK ON THE
UNITED STATES USING WEAPONS OF MASS
DESTRUCTION.
Section 114 of the National Security Act of 1947, as
amended by section 303(b)(6) of this Act, is further
amended—
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
‘‘(c) ANNUAL REPORT ON THREAT OF ATTACK ON THE
UNITED STATES USING WEAPONS
OF MASS DESTRUC-
TION.—(1) Not later each year than the date provided in
section 507, the Director shall submit to the congressional
intelligence committees a report assessing the following:
‘‘(A) The current threat of attack on the United
States using ballistic missiles or cruise missiles.
‘‘(B) The current threat of attack on the United
States using a chemical, biological, or nuclear weapon
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delivered by a system other than a ballistic missile or
cruise missile.
‘‘(2) Each report under paragraph (1) shall be a na-
tional intelligence estimate, or have the formality of a na-
tional intelligence estimate.’’.
SEC. 413. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as
amended by section 412 of this Act, is further amended—
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) ANNUAL REPORT ON COVERT LEASES.—(1) Not
later each year than the date provided in section 507, the
Director shall submit to the congressional intelligence com-
mittees a report on each covert lease of an element of the
intelligence community that is in force as of the end of the
preceding year.
‘‘(2) Each report under paragraph (1) shall include
the following:
‘‘(A) A list of each lease described by that para-
graph.
‘‘(B) For each lease—
‘‘(i) the cost of such lease;
‘‘(ii) the duration of such lease;
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‘‘(iii) the purpose of such lease; and
‘‘(iv) the directorate or office that controls
such lease.’’.
SEC. 414. ANNUAL REPORT ON IMPROVEMENT OF FINAN-
CIAL STATEMENTS OF CERTAIN ELEMENTS
OF THE INTELLIGENCE COMMUNITY FOR AU-
DITING PURPOSES.
(a) IN GENERAL.—Title I of the National Security Act
of 1947 (50 U.S.C. 402 et seq.) is amended by inserting
after section 114 the following new section:
‘‘ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL
STATEMENTS FOR AUDITING PURPOSES
‘‘SEC. 114A. Not later each year than the date pro-
vided in section 507, the Director of Central Intelligence,
Director of the National Security Agency, Director of the
Defense Intelligence Agency, and Director of the National
Imagery and Mapping Agency shall each submit to the con-
gressional intelligence committees a report describing the
activities being undertaken by such official to ensure that
the financial statements of such agency can be audited in
accordance with applicable law and requirements of the Of-
fice of Management and Budget.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
the National Security Act of 1947 is amended by inserting
after the item relating to section 114 the following new item:
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‘‘Sec. 114A. Annual report on improvement of financial statements for auditing
purposes.’’.
SEC. 415. ANNUAL REPORT ON ACTIVITIES OF FEDERAL BU-
REAU OF INVESTIGATION PERSONNEL OUT-
SIDE THE UNITED STATES.
(a) ANNUAL REPORT.—Chapter 33 of title 28, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 540C. Annual report on activities of Federal Bu-
reau of Investigation personnel outside
the United States
‘‘(a) The Director of the Federal Bureau of Investiga-
tion shall submit to the appropriate committees of Congress
each year a report on the activities of personnel of the Fed-
eral Bureau of Investigation outside the United States.
‘‘(b) The report under subsection (a) shall include the
following:
‘‘(1) For the year preceding the year in which
the report is required to be submitted—
‘‘(A) the number of personnel of the Bureau
posted or detailed outside the United States dur-
ing the year;
‘‘(B) a description of the coordination of the
investigations, asset handling, liaison, and oper-
ational activities of the Bureau during the year
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with other elements of the intelligence commu-
nity; and
‘‘(C) a description of the extent to which in-
formation derived from activities described in
subparagraph (B) was shared with other ele-
ments of the intelligence community.
‘‘(2) For the year in which the report is required
to be submitted—
‘‘(A) a description of the plans, if any, of
the Director—
‘‘(i) to modify the number of personnel
of the Bureau posted or detailed outside the
United States; or
‘‘(ii) to modify the scope of the activi-
ties of personnel of the Bureau posted or de-
tailed outside the United States; and
‘‘(B) a description of the manner and extent
to which information derived from activities of
the Bureau described in paragraph (1)(B) dur-
ing the year will be shared with other elements
of the intelligence community.
‘‘(c)(1) In the case of the committees of Congress speci-
fied in subsection (d)(1), the date of the submittal each year
of the report required by subsection (a) shall be February
1 of such year.
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‘‘(2) In the case of the committees of Congress specified
in subsection (d)(2), the date of the submittal each year of
the report required by subsection (a) shall be the date pro-
vided in section 507 of the National Security Act of 1947.
‘‘(d) In this section, the term ‘appropriate committees
of Congress’ means—
‘‘(1) the Committees on the Judiciary of the Sen-
ate and House of Representatives; and
‘‘(2) the congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 401a)).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 33 of that title is amended by in-
serting after the item relating to section 540B the following
new item:
‘‘540C. Annual report on activities of Federal Bureau of Investigation personnel
outside the United States.’’.
SEC. 416. ANNUAL REPORTS OF INSPECTORS GENERAL OF
THE INTELLIGENCE COMMUNITY ON PRO-
POSED 
RESOURCES 
AND 
ACTIVITIES 
OF
THEIR OFFICES.
Section 8H of the Inspector General Act of 1978 (5
U.S.C. App.) is amended—
(1) in subsection (f), by striking ‘‘this section’’
and inserting ‘‘subsections (a) through (e)’’;
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(2) by redesignating subsection (g) as subsection
(h); and
(3) by inserting after subsection (f) the following
new subsection (g):
‘‘(g)(1) The Inspector General of the Defense Intel-
ligence Agency, the National Imagery and Mapping Agen-
cy, the National Reconnaissance Office, and the National
Security Agency shall each submit to the congressional in-
telligence committees each year a report that sets forth the
following:
‘‘(A) The personnel and funds requested by such
Inspector General for the fiscal year beginning in
such year for the activities of the office of such Inspec-
tor General in such fiscal year.
‘‘(B) The plan of such Inspector General for such
activities, including the programs and activities
scheduled for review by the office of such Inspector
General during such fiscal year.
‘‘(C) An assessment of the current ability of such
Inspector General to hire and retain qualified per-
sonnel for the office of such Inspector General.
‘‘(D) Any matters that such Inspector General
considers appropriate regarding the independence and
effectiveness of the office of such Inspector General.
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‘‘(2) The submittal date for a report under paragraph
(1) each year shall be the date provided in section 507 of
the National Security Act of 1947.
‘‘(3) In this subsection, the term ‘congressional intel-
ligence committees’ shall have the meaning given that term
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a).’’.
SEC. 417. ANNUAL REPORT ON COUNTERDRUG INTEL-
LIGENCE MATTERS.
(a) ANNUAL REPORT.—The Counterdrug Intelligence
Coordinating Group shall submit to the appropriate com-
mittees of Congress each year a report on current
counterdrug intelligence matters. The report shall include
the recommendations of the Counterdrug Intelligence Co-
ordinating Group on the appropriate number of permanent
staff, and of detailed personnel, for the staff of the
Counterdrug Intelligence Executive Secretariat.
(b) SUBMITTAL DATE.—(1) In the case of the commit-
tees of Congress specified in subsection (c)(1), the date of
the submittal each year of the report required by subsection
(a) shall be February 1 of such year.
(2) In the case of the committees of Congress specified
in subsection (c)(2), the date of the submittal each year of
the report required by subsection (a) shall be the date pro-
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vided in section 507 of the National Security Act of 1947,
as added by section 401 of this Act.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committees on Appropriations of the
Senate and House of Representatives; and
(2) the congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 401a)).
Subtitle C—Other Reports
SEC. 431. REPORT ON EFFECT OF COUNTRY-RELEASE RE-
STRICTIONS 
ON 
ALLIED 
INTELLIGENCE-
SHARING RELATIONSHIPS.
(a) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Director of Central Intel-
ligence shall, in consultation with the Secretary of Defense,
submit to the congressional intelligence committees a report
containing an assessment of the effect of the use of
‘‘NOFORN’’ classifications, and of other country-release
policies, procedures, and classification restrictions, on intel-
ligence-sharing relationships and coordinated intelligence
operations and military operations between the United
States and its allies. The report shall include an assessment
of the effect of the use of such classifications, and of such
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policies, procedures, and restrictions, on counterterrorism
operations in Afghanistan and elsewhere.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘‘congressional intelligence
committee’’ means—
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives.
SEC. 432. EVALUATION OF POLICIES AND PROCEDURES OF
DEPARTMENT OF STATE ON PROTECTION OF
CLASSIFIED INFORMATION AT DEPARTMENT
HEADQUARTERS.
(a) EVALUATION REQUIRED.—Not later than Decem-
ber 31 of 2002, 2003, and 2004, the Inspector General of
the Department of State shall conduct an evaluation of the
policies and procedures of the Department on the protection
of classified information at the Headquarters of the Depart-
ment, including compliance with the directives of the Direc-
tor of Central Intelligence (DCIDs) regarding the storage
and handling of Sensitive Compartmented Information
(SCI) material.
(b) ANNUAL REPORT.—Except as provided in sub-
section (c), not later than February 1 of 2003, 2004, and
2005, the Inspector General shall submit to the congres-
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sional intelligence committees a report on the evaluation
conducted under subsection (a) during the preceding year.
(c) EXCEPTION.—The date each year for the submittal
of a report under subsection (b) may be postponed in ac-
cordance with section 507(d) of the National Security Act
of 1947, as added by section 401 of this Act.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—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 Intel-
ligence of the House of Representatives.
SEC. 433. STUDY OF DEPARTMENT OF STATE CONSULAR
SERVICES.
(a) SENSE OF CONGRESS.—Congress compliments the
officers of the Consular Service on the important role they
perform daily, many times under difficult conditions, at
United States embassies throughout the world. However,
Congress is concerned that Consular Service officers, who
provide the first line of defense against the admission of
undesirable persons into the United States, are entry-level
personnel and rotate out of Consular Service assignments
as soon as possible.
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(b) STUDY.—The Secretary of State shall conduct a
study of—
(1) the Consular Services program of the Depart-
ment of State and the organizational structure of the
Consular Service within the Department, including
promotion and training policies, rotation frequency,
level of experience and seniority, level of oversight
provided by senior Consular Service personnel, and
consistency of consular services provided among the
various United States embassies and consulates; and
(2) the feasibility of establishing a separate em-
ployment track within the Department of State for
employees who would serve in the Consular Service on
a permanent basis and not rotate out of Consular
Service assignments.
(c) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report containing
the findings of the study conducted under subsection (b).
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate; and
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(2) the Committee on International Relations
and the Permanent Select Committee on Intelligence
of the House of Representatives.
Subtitle D—Repeal of Certain
Report Requirements
SEC. 441. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) ANNUAL REPORT ON EXERCISE OF NATIONAL SE-
CURITY AGENCY VOLUNTARY SEPARATION PAY AUTHOR-
ITY.—Section 301(j) of the National Security Act of 1947
(50 U.S.C. 409a(j)), as amended by section 303(b)(2)(B)
of this Act, is further amended—
(1) 
by 
striking 
‘‘REPORTING
REQUIRE-
MENTS.—’’ and all that follows through ‘‘The Direc-
tor’’ and inserting ‘‘NOTIFICATION OF EXERCISE OF
AUTHORITY.—The Director’’; and
(2) by striking paragraph (2).
(b) ANNUAL REPORT ON USE OF CIA PERSONNEL AS
SPECIAL POLICEMEN.—Section 15(a) of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403o(a)) is amended
by striking paragraph (5).
TITLE 
V—COUNTERINTELLI-
GENCE ACTIVITIES
SEC. 501. SHORT TITLE; PURPOSE.
(a) SHORT TITLE.—This title may be cited as the
‘‘Counterintelligence Enhancement Act of 2002’’.
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(b) PURPOSE.—The purpose of this title is to facilitate
the enhancement of the counterintelligence activities of the
United States Government by—
(1) enabling the counterintelligence community
of the United States Government to fulfill better its
mission of identifying, assessing, prioritizing, and
countering the intelligence threats to the United
States;
(2) ensuring that the counterintelligence commu-
nity of the United States Government acts in an effi-
cient and effective manner; and
(3) providing for the integration of all the coun-
terintelligence activities of the United States Govern-
ment.
SEC. 502. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) ESTABLISHMENT.—(1) There shall be a National
Counterintelligence Executive, who shall be appointed by
the President.
(2) It is the sense of Congress that the President should
seek the views of the Attorney General, Secretary of Defense,
and Director of Central Intelligence in selecting an indi-
vidual for appointment as the Executive.
(b) MISSION.—The mission of the National Counter-
intelligence Executive shall be to serve as the head of na-
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tional counterintelligence for the United States Govern-
ment.
(c) DUTIES.—Subject to the direction and control of
the President, the duties of the National Counterintelligence
Executive are as follows:
(1) To carry out the mission referred to in sub-
section (c).
(2) To act as chairperson of the National Coun-
terintelligence Policy Board under section 811 of the
Counterintelligence and Security Enhancements Act
of 1994 (title VIII of Public Law 103–359; 50 U.S.C.
402a), as amended by section 503 of this Act.
(3) To act as head of the Office of the National
Counterintelligence Executive under section 504.
(4) To participate as an observer on such boards,
committees, and entities of the Executive branch as
the President considers appropriate for the discharge
of the mission and functions of the Executive and the
Office of the National Counterintelligence Executive
under section 504.
SEC. 
503. 
NATIONAL 
COUNTERINTELLIGENCE 
POLICY
BOARD.
(a) CHAIRPERSON.—Section 811 of the Counterintel-
ligence and Security Enhancements Act of 1994 (title VII
of Public Law 103–359; 50 U.S.C. 402a) is amended—
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(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection
(e); and
(3) by inserting after subsection (a) the following
new subsection (b):
‘‘(b) CHAIRPERSON.—The National Counterintel-
ligence Executive under section 502 of the Counterintel-
ligence Enhancement Act of 2002 shall serve as the chair-
person of the Board.’’.
(b) MEMBERSHIP.—That section is further amended
by inserting after subsection (b), as amended by subsection
(a)(3) of this section, the following new subsection (c):
‘‘(c) MEMBERSHIP.—The membership of the National
Counterintelligence Policy Board shall consist of the fol-
lowing:
‘‘(1) The National Counterintelligence Executive.
‘‘(2) Senior personnel of departments and ele-
ments of the United States Government, appointed by
the head of the department or element concerned, as
follows:
‘‘(A) The Department of Justice, including
the Federal Bureau of Investigation.
‘‘(B) The Department of Defense, including
the Joint Chiefs of Staff.
‘‘(C) The Department of State.
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‘‘(D) The Department of Energy.
‘‘(E) The Central Intelligence Agency.
‘‘(F) Any other department, agency, or ele-
ment of the United States Government specified
by the President.’’.
(c) FUNCTIONS
AND DISCHARGE
OF FUNCTIONS.—
That section is further amended by inserting after sub-
section (c), as amended by subsection (b) of this section,
the following new subsection:
‘‘(d) FUNCTIONS AND DISCHARGE OF FUNCTIONS.—(1)
The Board shall—
‘‘(A) serve as the principal mechanism for—
‘‘(i) developing policies and procedures for
the approval of the President to govern the con-
duct of counterintelligence activities; and
‘‘(ii) upon the direction of the President, re-
solving conflicts that arise between elements of
the Government conducting such activities; and
‘‘(B) act as an interagency working group to—
‘‘(i) ensure the discussion and review of
matters relating to the implementation of the
Counterintelligence Enhancement Act of 2002;
and
‘‘(ii) provide advice to the National Coun-
terintelligence Executive on priorities in the im-
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plementation of the National Counterintelligence
Strategy produced by the Office of the National
Counterintelligence 
Executive 
under 
section
504(e)(2) of that Act.
‘‘(2) The Board may, for purposes of carrying out its
functions under this section, establish such interagency
boards and working groups as the Board considers appro-
priate.’’.
SEC. 504. OFFICE OF THE NATIONAL COUNTERINTEL-
LIGENCE EXECUTIVE.
(a) ESTABLISHMENT.—There shall be an Office of the
National Counterintelligence Executive.
(b) HEAD OF OFFICE.—The National Counterintel-
ligence Executive shall be the head of the Office of the Na-
tional Counterintelligence Executive.
(c) LOCATION OF OFFICE.—The Office of the National
Counterintelligence Executive shall be located in the Execu-
tive Office of the President.
(d) GENERAL COUNSEL.—(1) There shall be in the Of-
fice of the National Counterintelligence Executive a general
counsel who shall serve as principal legal advisor to the Na-
tional Counterintelligence Executive.
(2) The general counsel shall—
(A) provide legal advice and counsel to the Exec-
utive on matters relating to functions of the Office;
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(B) ensure that the Office complies with all ap-
plicable laws, regulations, Executive orders, and
guidelines; and
(C) carry out such other duties as the Executive
may specify.
(e) FUNCTIONS.—Subject to the direction and control
of the National Counterintelligence Executive, the functions
of the Office of the National Counterintelligence Executive
shall be as follows:
(1) NATIONAL
THREAT
IDENTIFICATION
AND
PRIORITIZATION ASSESSMENT.—Subject to subsection
(f), in consultation with appropriate department and
agencies of the United States Government, and pri-
vate sector entities, to produce on an annual basis a
strategic planning assessment of the counterintel-
ligence requirements of the United States to be known
as 
the 
National 
Threat 
Identification 
and
Prioritization Assessment.
(2) NATIONAL
COUNTERINTELLIGENCE
STRAT-
EGY.—Subject to subsection (f), in consultation with
appropriate department and agencies of the United
States Government, and private sector entities, and
based on the most current National Threat Identifica-
tion and Prioritization Assessment under paragraph
(1), to produce on an annual basis a strategy for the
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counterintelligence programs and activities of the
United States Government to be known as the Na-
tional Counterintelligence Strategy.
(3) IMPLEMENTATION
OF
NATIONAL
COUNTER-
INTELLIGENCE
STRATEGY.—To evaluate on an on-
going basis the implementation of the National Coun-
terintelligence Strategy and to submit to the Presi-
dent periodic reports on such evaluation, including a
discussion of any shortfalls in the implementation of
the Strategy and recommendations for remedies for
such shortfalls.
(4) NATIONAL
COUNTERINTELLIGENCE
STRA-
TEGIC
ANALYSES.—As directed by the Director of
Central Intelligence and in consultation with appro-
priate elements of the departments and agencies of the
United States Government, to oversee and coordinate
the production of strategic analyses of counterintel-
ligence matters, including the production of counter-
intelligence damage assessments and assessments of
lessons learned from counterintelligence activities.
(5) NATIONAL COUNTERINTELLIGENCE PROGRAM
BUDGET.—In consultation with the Director of Cen-
tral Intelligence—
(A) to coordinate the development of budgets
and resource allocation plans for the counter-
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intelligence programs and activities of the De-
partment of Defense, the Federal Bureau of In-
vestigation, the Central Intelligence Agency, and
other appropriate elements of the United States
Government;
(B) to ensure that the budgets and resource
allocations plans developed under subparagraph
(A) address the objectives and priorities for coun-
terintelligence under the National Counterintel-
ligence Strategy; and
(C) to submit to the National Security
Council periodic reports on the activities under-
taken by the Office under subparagraphs (A) and
(B).
(6) NATIONAL COUNTERINTELLIGENCE COLLEC-
TION
AND
TARGETING
COORDINATION.—To develop
priorities for counterintelligence investigations and
operations, and for collection of counterintelligence,
for purposes of the National Counterintelligence
Strategy, except that the Office may not—
(A) carry out any counterintelligence inves-
tigations or operations; or
(B) establish its own contacts, or carry out
its own activities, with foreign intelligence serv-
ices.
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(7) 
NATIONAL
COUNTERINTELLIGENCE
OUT-
REACH, WATCH, AND WARNING.—
(A) COUNTERINTELLIGENCE VULNERABILITY
SURVEYS.—To carry out and coordinate surveys
of the vulnerability of the United States Govern-
ment, and the private sector, to intelligence
threats in order to identify the areas, programs,
and activities that require protection from such
threats.
(B) OUTREACH.—To carry out and coordi-
nate outreach programs and activities on coun-
terintelligence to other elements of the United
States Government, and the private sector, and
to coordinate the dissemination to the public of
warnings on intelligence threats to the United
States.
(C) RESEARCH
AND
DEVELOPMENT.—To
ensure that research and development programs
and activities of the United States Government,
and the private sector, direct attention to the
needs of the counterintelligence community for
technologies, products, and services.
(D) TRAINING AND PROFESSIONAL DEVEL-
OPMENT.—To develop policies and standards for
training and professional development of indi-
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viduals engaged in counterintelligence activities
and to manage the conduct of joint training ex-
ercises for such personnel.
(f) ADDITIONAL
REQUIREMENTS
REGARDING
NA-
TIONAL THREAT IDENTIFICATION AND PRIORITIZATION AS-
SESSMENT AND NATIONAL COUNTERINTELLIGENCE STRAT-
EGY.—(1) 
A 
National 
Threat 
Identification 
and
Prioritization Assessment under subsection (e)(1), and any
modification of such assessment, shall not go into effect
until approved by the President.
(2) A National Counterintelligence Strategy under
subsection (e)(2), and any modification of such strategy,
shall not go into effect until approved by the President.
(3) The National Counterintelligence Executive shall
submit to the congressional intelligence committees each Na-
tional Threat Identification and Prioritization Assessment,
or modification thereof, and each National Counterintel-
ligence Strategy, or modification thereof, approved under
this section.
(4) In this subsection, the term ‘‘congressional intel-
ligence committees’’ means—
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intel-
ligence of the House of Representatives.
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(g) PERSONNEL.—(1) Personnel of the Office of the Na-
tional Counterintelligence Executive may consist of per-
sonnel employed by the Office or personnel on detail from
any other department, agency, or element of the Federal
Government. Any such detail may be on a reimbursable or
non-reimbursable basis, at the election of the head of the
agency detailing such personnel.
(2) Notwithstanding section 104(d) or any other provi-
sion of law limiting the period of the detail of personnel
on a non-reimbursable basis, the detail of an officer or em-
ployee of United States or a member of the Armed Forces
under paragraph (1) on a non-reimbursable basis may be
for any period in excess of one year that the National Coun-
terintelligence Executive and the head of the department,
agency, or element concerned consider appropriate.
(3) The employment of personnel by the Office, includ-
ing the appointment, compensation and benefits, manage-
ment, and separation of such personnel, shall be governed
by the provisions of law on such matters with respect to
the personnel of the Central Intelligence Agency, except that,
for purposes of the applicability of such provisions of law
to personnel of the Office, the National Counterintelligence
Executive shall be treated as the head of the Office.
(4) Positions in the Office shall be excepted service po-
sitions for purposes of title 5, United States Code.
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(h) SUPPORT.—(1) The Attorney General, Secretary of
Defense, and Director of Central Intelligence may each pro-
vide the Office of the National Counterintelligence Executive
such support as may be necessary to permit the Office to
carry out its functions under this section.
(2) Subject to any terms and conditions specified by
the Director of Central Intelligence, the Director may pro-
vide administrative and contract support to the Office as
if the Office were an element of the Central Intelligence
Agency.
(3) Support provided under this subsection may be
provided on a reimbursable or non-reimbursable basis, at
the election of the official providing such support.
(i) AVAILABILITY OF FUNDS FOR REIMBURSEMENT.—
The National Counterintelligence Executive may, from
amounts available for the Office, transfer to a department
or agency detailing personnel under subsection (g), or pro-
viding support under subsection (h), on a reimbursable
basis amounts appropriate to reimburse such department
or agency for the detail of such personnel or the provision
of such support, as the case may be.
(j) CONTRACTS.—(1) Subject to paragraph (2), the Na-
tional Counterintelligence Executive may enter into any
contract, lease, cooperative agreement, or other transaction
that the Executive considers appropriate to carry out the
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functions of the Office of the National Counterintelligence
Executive under this section.
(2) The authority under paragraph (1) to enter into
contracts, leases, cooperative agreements, and other trans-
actions shall be subject to any terms, conditions, and limi-
tations applicable to the Central Intelligence Agency under
law with respect to similar contracts, leases, cooperative
agreements, and other transactions.
(k) TREATMENT OF ACTIVITIES UNDER CERTAIN AD-
MINISTRATIVE LAWS.—(1) The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the activities of the Office of the National Counterintel-
ligence Executive.
(2) The files of the Office shall be treated as operational
files of the Central Intelligence Agency for purposes of sec-
tion 701 of the National Security Act of 1947 (50 U.S.C.
431) to the extent such files meet criteria under subsection
(b) of that section for treatment of files as operational files
of an element of the Agency.
(l) OVERSIGHT BY CONGRESS.—The location of the Of-
fice of the National Counterintelligence Executive within
the Executive Office of the President shall not be construed
as affecting access by Congress, or any committee of Con-
gress, to—
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(1) any information, document, record, or paper
in the possession of the Office; or
(2) any personnel of the Office.
(m) DESIGNATION OF OFFICE AS ELEMENT OF INTEL-
LIGENCE COMMUNITY.—Section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 401a(4)) is amended—
(1) in subparagraph (I), by striking ‘‘and’’ at
the end;
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and
(3) by inserting after subparagraph (I) the fol-
lowing new subparagraph (J):
‘‘(J) the Office of the National Counterintel-
ligence Executive; and’’.
TITLE 
VI—NATIONAL 
COMMIS-
SION FOR REVIEW OF RE-
SEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED
STATES INTELLIGENCE COM-
MUNITY
SEC. 601. FINDINGS.
Congress makes the following findings:
(1) Research and development efforts under the
purview of the intelligence community are vitally im-
portant to the national security of the United States.
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(2) The intelligence community must operate in
a dynamic, highly-challenging environment, charac-
terized by rapid technological growth, against a grow-
ing 
number 
of 
hostile, 
technically-sophisticated
threats. Research and development programs under
the purview of the intelligence community are critical
to ensuring that intelligence agencies, and their per-
sonnel, are provided with important technological ca-
pabilities to detect, characterize, assess, and ulti-
mately counter the full range of threats to the na-
tional security of the United States.
(3) There is a need to review the full range of
current research and development programs under the
purview of the intelligence community, evaluate such
programs against the scientific and technological
fields judged to be of most importance, and articulate
program and resource priorities for future research
and development activities to ensure a unified and co-
herent research and development program across the
entire intelligence community.
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SEC. 602. NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS
OF THE UNITED STATES INTELLIGENCE COM-
MUNITY.
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the ‘‘National Commission for the Re-
view of the Research and Development Programs of the
United States Intelligence Community’’ (in this title re-
ferred to as the ‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be composed
of 12 members, as follows:
(1) The Deputy Director of Central Intelligence
for Community Management.
(2) A senior intelligence official of the Office of
the Secretary of Defense, as designated by the Sec-
retary of Defense.
(3) Three members appointed by the Majority
Leader of the Senate, in consultation with the Chair-
man of the Select Committee on Intelligence of the
Senate, one from Members of the Senate and two from
private life.
(4) Two members appointed by the Minority
Leader of the Senate, in consultation with the Vice
Chairman of the Select Committee on Intelligence of
the Senate, one from Members of the Senate and one
from private life.
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(5) Three members appointed by the Speaker of
the House of Representatives, in consultation with the
Chairman of the Permanent Select Committee on In-
telligence of the House of Representatives, one from
Members of the House of Representatives and two
from private life.
(6) Two members appointed by the Minority
Leader of the House of Representatives, in consulta-
tion with the ranking member of the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives, one from Members of the House of Rep-
resentatives and one from private life.
(c) MEMBERSHIP.—(1) The individuals appointed
from private life as members of the Commission shall be
individuals who are nationally recognized for expertise,
knowledge, or experience in—
(A) research and development programs;
(B) technology discovery and insertion;
(C) use of intelligence information by national
policymakers and military leaders; or
(D) the implementation, funding, or oversight of
the national security policies of the United States.
(2) An official who appoints members of the Commis-
sion may not appoint an individual as a member of the
Commission if, in the judgment of the official, such indi-
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vidual possesses any personal or financial interest in the
discharge of any of the duties of the Commission.
(3) All members of the Commission appointed from
private life shall possess an appropriate security clearance
in accordance with applicable laws and regulations con-
cerning the handling of classified information.
(d) CO-CHAIRS.—(1) The Commission shall have two
co-chairs, selected from among the members of the Commis-
sion.
(2) One co-chair of the Commission shall be a member
of the Democratic Party, and one co-chair shall be a mem-
ber of the Republican Party.
(3) The individuals who serve as the co-chairs of the
Commission shall be jointly agreed upon by the President,
the Majority Leader of the Senate, the Minority Leader of
the Senate, the Speaker of the House of Representatives, and
the Minority Leader of the House of Representatives.
(e) APPOINTMENT; INITIAL MEETING.—(1) Members of
the Commission shall be appointed not later than 45 days
after the date of the enactment of this Act.
(2) The Commission shall hold its initial meeting on
the date that is 60 days after the date of the enactment
of this Act.
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(f) MEETINGS; QUORUM; VACANCIES.—(1) After its
initial meeting, the Commission shall meet upon the call
of the co-chairs of the Commission.
(2) Six members of the Commission shall constitute a
quorum for purposes of conducting business, except that two
members of the Commission shall constitute a quorum for
purposes of receiving testimony.
(3) Any vacancy in the Commission shall not affect
its powers, but shall be filled in the same manner in which
the original appointment was made.
(4) If vacancies in the Commission occur on any day
after 45 days after the date of the enactment of this Act,
a quorum shall consist of a majority of the members of the
Commission as of such day.
(g) ACTIONS OF COMMISSION.—(1) The Commission
shall act by resolution agreed to by a majority of the mem-
bers of the Commission voting and present.
(2) The Commission may establish panels composed of
less than the full membership of the Commission for pur-
poses of carrying out the duties of the Commission under
this title. The actions of any such panel shall be subject
to the review and control of the Commission. Any findings
and determinations made by such a panel shall not be con-
sidered the findings and determinations of the Commission
unless approved by the Commission.
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(3) Any member, agent, or staff of the Commission
may, if authorized by the co-chairs of the Commission, take
any action which the Commission is authorized to take pur-
suant to this title.
(h) DUTIES.—The duties of the Commission shall be—
(1) to conduct, until not later than the date on
which the Commission submits the report under sec-
tion 607(a), the review described in subsection (i);
and
(2) to submit to the congressional intelligence
committees, the Director of Central Intelligence, and
the Secretary of Defense a final report on the results
of the review.
(i) REVIEW.—The Commission shall review the status
of research and development programs and activities within
the intelligence community, including—
(1) an assessment of the advisability of modi-
fying the scope of research and development for pur-
poses of such programs and activities;
(2) a review of the particular individual re-
search and development activities under such pro-
grams;
(3) an evaluation of the current allocation of re-
sources for research and development, including
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whether the allocation of such resources for that pur-
pose should be modified;
(4) an identification of the scientific and techno-
logical fields judged to be of most importance to the
intelligence community;
(5) an evaluation of the relationship between the
research and development programs and activities of
the intelligence community and the research and de-
velopment programs and activities of other depart-
ments and agencies of the Federal Government; and
(6) an evaluation of the relationship between the
research and development programs and activities of
the intelligence community and the research and de-
velopment programs and activities of the private sec-
tor.
SEC. 603. POWERS OF COMMISSION.
(a) IN GENERAL.—(1) The Commission or, on the au-
thorization of the Commission, any subcommittee or mem-
ber thereof, may, for the purpose of carrying out the provi-
sions of this title—
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths; and
(B) require, by subpoena or otherwise, the at-
tendance and testimony of such witnesses and the pro-
100
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duction of such books, records, correspondence, memo-
randa, papers, and documents, as the Commission or
such designated subcommittee or designated member
considers necessary.
(2) Subpoenas may be issued under subparagraph
(1)(B) under the signature of the co-chairs of the Commis-
sion, and may be served by any person designated by such
co-chairs.
(3) The provisions of sections 102 through 104 of the
Revised Statutes of the United States (2 U.S.C. 192–194)
shall apply in the case of any failure of a witness to comply
with any subpoena or to testify when summoned under au-
thority of this section.
(b) CONTRACTING.—The Commission may, to such ex-
tent and in such amounts as are provided in advance in
appropriation Acts, enter into contracts to enable the Com-
mission to discharge its duties under this title.
(c) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any executive depart-
ment, agency, bureau, board, commission, office, inde-
pendent establishment, or instrumentality of the Govern-
ment information, suggestions, estimates, and statistics for
the purposes of this title. Each such department, agency,
bureau, board, commission, office, establishment, or instru-
mentality shall, to the extent authorized by law, furnish
101
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such information, suggestions, estimates, and statistics di-
rectly to the Commission, upon request of the co-chairs of
the Commission. The Commission shall handle and protect
all classified information provided to it under this section
in accordance with applicable statutes and regulations.
(d) ASSISTANCE FROM FEDERAL AGENCIES.—(1) The
Director of Central Intelligence shall provide to the Com-
mission, on a nonreimbursable basis, such administrative
services, funds, staff, facilities, and other support services
as are necessary for the performance of the Commission’s
duties under this title.
(2) The Secretary of Defense may provide the Commis-
sion, on a nonreimbursable basis, with such administrative
services, staff, and other support services as the Commission
may request.
(3) In addition to the assistance set forth in para-
graphs (1) and (2), other departments and agencies of the
United States may provide the Commission such services,
funds, facilities, staff, and other support as such depart-
ments and agencies consider advisable and as may be au-
thorized by law.
(4) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary for
the fulfillment of the duties of the Commission under this
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title, including the provision of full and current briefings
and analyses.
(e) PROHIBITION ON WITHHOLDING INFORMATION.—
No department or agency of the Government may withhold
information from the Commission on the grounds that pro-
viding the information to the Commission would constitute
the unauthorized disclosure of classified information or in-
formation relating to intelligence sources or methods.
(f) POSTAL SERVICES.—The Commission may use the
United States mails in the same manner and under the
same conditions as the departments and agencies of the
United States.
(g) GIFTS.—The Commission may accept, use, and
dispose of gifts or donations of services or property in car-
rying out its duties under this title.
SEC. 604. STAFF OF COMMISSION.
(a) IN GENERAL.—(1) The co-chairs of the Commis-
sion, in accordance with rules agreed upon by the Commis-
sion, shall appoint and fix the compensation of a staff di-
rector and such other personnel as may be necessary to en-
able the Commission to carry out its duties, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without re-
gard to the provisions of chapter 51 and subchapter III or
chapter 53 of such title relating to classification and Gen-
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eral Schedule pay rates, except that no rate of pay fixed
under this subsection may exceed the equivalent of that pay-
able to a person occupying a position at level V of the Exec-
utive Schedule under section 5316 of such title.
(2) Any Federal Government employee may be detailed
to the Commission without reimbursement from the Com-
mission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(3) All staff of the Commission shall possess a security
clearance in accordance with applicable laws and regula-
tions concerning the handling of classified information.
(b) CONSULTANT SERVICES.—(1) The Commission
may procure the services of experts and consultants in ac-
cordance with section 3109 of title 5, United States Code,
but at rates not to exceed the daily rate paid a person occu-
pying a position at level IV of the Executive Schedule under
section 5315 of such title.
(2) All experts and consultants employed by the Com-
mission shall possess a security clearance in accordance
with applicable laws and regulations concerning the han-
dling of classified information.
SEC. 605. COMPENSATION AND TRAVEL EXPENSES.
(a) COMPENSATION.—(1) Except as provided in para-
graph (2), each member of the Commission may be com-
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pensated 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 en-
gaged in the actual performance of the duties of the Com-
mission under this title.
(2) Members of the Commission who are officers or em-
ployees of the United States or Members of Congress shall
receive no additional pay by reason of their service on the
Commission.
(b) TRAVEL
EXPENSES.—While away from their
homes or regular places of business in the performance of
services for the Commission, members of the Commission
may be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed ex-
penses under section 5703(b) of title 5, United States Code.
SEC. 606. TREATMENT OF INFORMATION RELATING TO NA-
TIONAL SECURITY.
(a) IN GENERAL.—(1) The Director of Central Intel-
ligence shall assume responsibility for the handling and dis-
position of any information related to the national security
of the United States that is received, considered, or used
by the Commission under this title.
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(2) Any information related to the national security
of the United States that is provided to the Commission
by a congressional intelligence committee may not be fur-
ther provided or released without the approval of the chair-
man of such committee.
(b) ACCESS AFTER TERMINATION OF COMMISSION.—
Notwithstanding any other provision of law, after the ter-
mination of the Commission under section 607, only the
Members and designated staff of the congressional intel-
ligence committees, the Director of Central Intelligence (and
the designees of the Director), and such other officials of
the executive branch as the President may designate shall
have access to information related to the national security
of the United States that is received, considered, or used
by the Commission.
SEC. 607. FINAL REPORT; TERMINATION.
(a) FINAL REPORT.—Not later than September 1,
2003, the Commission shall submit to the congressional in-
telligence committees, the Director of Central Intelligence,
and the Secretary of Defense a final report as required by
section 602(h)(2).
(b) TERMINATION.—(1) The Commission, and all the
authorities of this title, shall terminate at the end of the
120-day period beginning on the date on which the final
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report under subsection (a) is transmitted to the congres-
sional intelligence committees.
(2) The Commission may use the 120-day period re-
ferred to in paragraph (1) for the purposes of concluding
its activities, including providing testimony to Congress
concerning the final report referred to in that paragraph
and disseminating the report.
SEC. 608. ASSESSMENTS OF FINAL REPORT.
Not later than 60 days after receipt of the final report
under section 607(a), the Director of Central Intelligence
and the Secretary of Defense shall each submit to the con-
gressional intelligence committees an assessment by the Di-
rector or the Secretary, as the case may be, of the final re-
port. Each assessment shall include such comments on the
findings and recommendations contained in the final report
as the Director or Secretary, as the case may be, considers
appropriate.
SEC. 609. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE
PROVISIONS.
(a) FEDERAL ADVISORY COMMITTEE ACT.—The provi-
sions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the activities of the Commission
under this title.
(b) FREEDOM OF INFORMATION ACT.—The provisions
of section 552 of title 5, United States Code (commonly re-
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ferred to as the Freedom of Information Act), shall not
apply to the activities, records, and proceedings of the Com-
mission under this title.
SEC. 610. FUNDING.
(a) TRANSFER FROM THE COMMUNITY MANAGEMENT
ACCOUNT.—Of the amounts authorized to be appropriated
by this Act for the Intelligence Technology Innovation Cen-
ter of the Community Management Account, the Deputy Di-
rector of Central Intelligence for Community Management
shall transfer to the Director of Central Intelligence
$2,000,000 for purposes of the activities of the Commission
under this title.
(b) AVAILABILITY IN GENERAL.—The Director of Cen-
tral Intelligence shall make available to the Commission,
from the amount transferred to the Director under sub-
section (a), such amounts as the Commission may require
for purposes of the activities of the Commission under this
title.
(c) DURATION
OF
AVAILABILITY.—Amounts made
available to the Commission under subsection (b) shall re-
main available until expended.
SEC. 611. DEFINITIONS.
In this title:
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(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence commit-
tees’’ means—
(A) the Select Committee on Intelligence of
the Senate; and
(B) the Permanent Select Committee on In-
telligence of the House of Representatives.
(2) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given that
term in section 3 of the National Security Act of 1947
(50 U.S.C. 401a).
Attest:
Secretary.