IB
Union Calendar No. 354
107TH CONGRESS
2D SESSION
H. R. 4628
[Report No. 107–592]
To authorize appropriations for fiscal year 2003 for intelligence and intel-
ligence-related activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence Agency Retire-
ment and Disability System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 1, 2002
Mr. GOSS introduced the following bill; which was referred to the Committee
on Intelligence (Permanent Select)
JULY 18, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 1, 2002]
A BILL
To authorize appropriations for fiscal year 2003 for intel-
ligence and intelligence-related activities of the United
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement
and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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’’.
(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. Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for fiscal year
2002.
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. Sense of Congress on intelligence community contracting.
Sec. 304. Semiannual report on financial intelligence on terrorist assets (FITA).
Sec. 305. Modification of excepted agency voluntary leave transfer authority.
Sec. 306. Additional one-year suspension of reorganization of Diplomatic Tele-
communications Service Program Office.
Sec. 307. Prohibition on compliance with requests for information submitted by
foreign governments.
Sec. 308. Cooperative relationship between the National Security Education Pro-
gram and the Foreign Language Center of the Defense Language
Institute.
Sec. 309. Establishment of National Flagship Language Initiative within the Na-
tional Security Education Program.
Sec. 310. Deadline for submittal of various overdue reports.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary Separa-
tion Pay Act.
Sec. 402. Prohibition on implementation of compensation reform plan.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL
CEILINGS.—The amounts authorized to be appropriated
under section 101, and the authorized personnel ceilings as
of September 30, 2003, for the conduct of the intelligence
and intelligence-related activities of the elements listed in
such section, are those specified in the classified Schedule
of Authorizations prepared to accompany the bill H.R. 4628
of the One Hundred Seventh Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The Schedule of Authorizations shall be
made available to the Committees on Appropriations of the
Senate and House of Representatives and to the President.
The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the 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,
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. COMMUNITY MANAGEMENT ACCOUNT.
(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 $176,179,000. Within such
amount, funds identified in the classified Schedule of Au-
thorizations referred to in section 102(a) for the Advanced
Research and Development Committee shall remain avail-
able until September 30, 2004.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements
within the Community Management Account of the Direc-
tor of Central Intelligence are authorized 350 full-time per-
sonnel as of September 30, 2003. Personnel serving in such
elements may be permanent employees of the Community
Management Account or personnel detailed from other ele-
ments of the United States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In
addition to amounts authorized to be appropriated
for the Community Management Account by sub-
section (a), there are also authorized to be appro-
priated for the Community Management Account for
fiscal year 2003 such additional amounts as are spec-
ified in the classified Schedule of Authorizations re-
ferred to in section 102(a). Such additional amounts
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 Community Management Account as
of September 30, 2003, there are hereby authorized
such additional personnel for such elements as of that
date as are specified in the classified Schedule of Au-
thorizations.
(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 Community Management Account
from another element of the United States Government shall
be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a non-
reimbursable basis for a period of less than one year for
the performance of temporary functions as required by the
Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to
be appropriated in subsection (a), $34,100,000 shall
be available for the National Drug Intelligence Cen-
ter. Within such amount, funds provided for research,
development, testing, and evaluation purposes shall
remain available until September 30, 2003, and funds
provided for procurement purposes shall remain
available until September 30, 2004.
(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
the National Security Act of 1947 (50 U.S.C. 403–
3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other
provision of law, the Attorney General shall retain
full authority over the operations of the National
Drug Intelligence Center.
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2002.
(a) AUTHORIZATION.—Amounts authorized to be ap-
propriated for fiscal year 2002 under section 101 of the In-
telligence Authorization Act for Fiscal Year 2002 (Public
Law 107–108) for the conduct of the intelligence activities
of elements of the United States Government listed in such
section are hereby increased, with respect to any such au-
thorized amount, by the amount by which appropriations
pursuant to such authorization were increased by the fol-
lowing:
(1) The Emergency Supplemental Act, 2002
(contained in division B of Public Law 107–117), in-
cluding section 304 of such Act (115 Stat. 2300).
(2) An emergency supplemental appropriation
in a supplemental appropriations Act for fiscal year
2002 that is enacted after May 1, 2002, amounts as
are designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(b)(2)(A)).
(b) RATIFICATION.—For purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414), any obliga-
tion or expenditure of those amounts deemed to have been
specifically authorized by the Act referred to in subsection
(a)(1) and by the supplemental appropriations Act referred
to in subsection (a)(2) is hereby ratified and confirmed.
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 $351,300,000.
TITLE III—GENERAL
PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts
as may be necessary for increases in such compensation or
benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE
ACTIVITIES.
The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMU-
NITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the na-
tional security interests of the United States and consistent
with operational and security concerns related to the con-
duct of intelligence activities, and where fiscally sound,
should competitively award contracts in a manner that
maximizes the procurement of products properly designated
as having been made in the United States.
SEC. 304. SEMIANNUAL REPORT ON FINANCIAL INTEL-
LIGENCE ON TERRORIST ASSETS (FITA).
(a) SEMIANNUAL REPORT.—
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) is amended
by adding at the end the following new section:
‘‘SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON
TERRORIST ASSETS
‘‘SEC. 118. (a) SEMIANNUAL REPORT.—On a semi-
annual basis, the Secretary of the Treasury (acting through
the head of the Office of Intelligence Support) shall submit
a report to the appropriate congressional committees (as de-
fined in subsection (c)) that fully informs the committees
concerning operations against terrorist financial networks.
Each such report shall include with respect to the preceding
six-month period—
‘‘(1) the total number of asset seizures, designa-
tions, and other actions against individuals or enti-
ties found to have engaged in financial support of ter-
rorism;
‘‘(2) the total number of applications for asset
seizure and designations of individuals or entities
suspected of having engaged in financial support of
terrorist activities, that were granted, modified, or de-
nied;
‘‘(3) the total number of physical searches of of-
fices, residences, or financial records of individuals or
entities suspected of having engaged in financial sup-
port for terrorist activity; and
‘‘(4) whether the financial intelligence informa-
tion seized in these cases has been shared on a full
and timely basis with the all departments, agencies,
and other entities of the United States Government
involved in intelligence activities participating in the
Foreign Terrorist Asset Tracking Unit (managed and
coordinated by the Counterterrorism Center of the
Central Intelligence Agency).
‘‘(b) IMMEDIATE NOTIFICATION FOR EMERGENCY DES-
IGNATION.—In the case of a designation of an individual
or entity, or the assets of an individual or entity, as having
been found to have engaged in terrorist activities, the Sec-
retary of the Treasury shall report such designation within
24 hours of such a designation to the appropriate congres-
sional committees.
‘‘(c) DEFINITION.—In this section, the term ‘appro-
priate congressional committees’ means the following:
‘‘(1) The Permanent Select Committee on Intel-
ligence, the Committee on Appropriations, and the
Committee on Financial Services of the House of Rep-
resentatives.
‘‘(2) The Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents contained in the first section of such Act is
amended by inserting after the item relating to sec-
tion 117 the following new item:
‘‘Sec. 118. Semiannual report on financial intelligence on terrorist assets.’’.
(b) CONFORMING AMENDMENT.—Section 501(f) of the
National Security Act of 1947 (50 U.S.C. 413(f)) is amend-
ed by inserting before the period the following: ‘‘, and in-
cludes financial intelligence activities’’.
SEC. 305. MODIFICATION OF EXCEPTED AGENCY VOL-
UNTARY LEAVE TRANSFER AUTHORITY.
(a) IN GENERAL.—Section 6339 of title 5, United
States Code, is amended—
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection
(b); and
(3) by inserting after subsection (b) (as so redes-
ignated by paragraph (2)) the following:
‘‘(c)(1) Notwithstanding any provision of subsection
(b), the head of an excepted agency may, at his sole discre-
tion, by regulation establish a program under which an in-
dividual employed in or under such excepted agency may
participate in a leave transfer program established under
the provisions of this subchapter outside of this section, in-
cluding provisions permitting the transfer of annual leave
accrued or accumulated by such employee to, or permitting
such employee to receive transferred leave from, an employee
of any other agency (including another excepted agency
having a program under this subsection).
‘‘(2) To the extent practicable and consistent with the
protection of intelligence sources and methods, any program
established under paragraph (1) shall be consistent with the
provisions of this subchapter outside of this section and
with any regulations issued by the Office of Personnel Man-
agement implementing this subchapter.’’.
(b) CONFORMING AMENDMENTS.—Section 6339 of such
title is amended—
(1) in paragraph (2) of subsection (b) (as so re-
designated by subsection (a)(2)), by striking ‘‘under
this section’’ and inserting ‘‘under this subsection’’;
and
(2) in subsection (d), by striking ‘‘of Personnel
Management’’.
SEC. 306. 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; 22 U.S.C. 7301
note; 115 Stat. 1401) is amended—
(1) in the heading, by striking ‘‘ONE-YEAR’’
and inserting ‘‘TWO-YEAR’’; and
(2) in the text, by striking ‘‘October 1, 2002’’
and inserting ‘‘October 1, 2003’’.
SEC. 307. PROHIBITION ON COMPLIANCE WITH REQUESTS
FOR INFORMATION SUBMITTED BY FOREIGN
GOVERNMENTS.
Section 552(a)(3) of title 5, United States Code, is
amended—
(1) in subparagraph (A) by inserting ‘‘and ex-
cept as provided in subparagraph (E),’’ after ‘‘of this
subsection,’’; and
(2) by adding at the end the following:
‘‘(E) An agency, or part of an agency, that is an ele-
ment of the intelligence community (as that term is defined
in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4))) shall not make any record available under
this paragraph to—
‘‘(i) any government entity, other than a State,
territory, commonwealth, or district of the United
States, or any subdivision thereof; or
‘‘(ii) a representative of a government entity de-
scribed in clause (i).’’.
SEC. 308. COOPERATIVE RELATIONSHIP BETWEEN THE NA-
TIONAL 
SECURITY 
EDUCATION 
PROGRAM
AND THE FOREIGN LANGUAGE CENTER OF
THE DEFENSE LANGUAGE INSTITUTE.
Section 802 of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902) is amended by
adding at the end the following new subsection:
‘‘(h) USE OF AWARDS TO ATTEND THE FOREIGN LAN-
GUAGE CENTER
OF
THE DEFENSE LANGUAGE INSTI-
TUTE.—(1) The Secretary shall provide for the admission
of award recipients to the Foreign Language Center of the
Defense Language Institute (hereinafter in this subsection
referred to as the ‘Center’). An award recipient may apply
a portion of the applicable scholarship or fellowship award
for instruction at the Center on a space-available basis as
a Department of Defense sponsored program to defray the
additive instructional costs.
‘‘(2) Except as the Secretary determines necessary, an
award recipient who receives instruction at the Center shall
be subject to the same regulations with respect to attend-
ance, discipline, discharge, and dismissal as apply to other
persons attending the Center.
‘‘(3) In this subsection, the term ‘award recipient’
means an undergraduate student who has been awarded a
scholarship under subsection (a)(1)(A) or a graduate stu-
dent who has been a fellowship under subsection (a)(1)(B)
who—
‘‘(A) is in good standing;
‘‘(B) has completed all academic study in a for-
eign country, as provided for under the scholarship or
fellowship; and
‘‘(C) would benefit from instruction provided at
the Center.’’.
SEC. 309. ESTABLISHMENT OF NATIONAL FLAGSHIP LAN-
GUAGE INITIATIVE WITHIN THE NATIONAL
SECURITY EDUCATION PROGRAM.
(a) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—
(1) EXPANSION
OF
GRANT
PROGRAM
AUTHOR-
ITY.—Subsection (a)(1) of section 802 of the David L.
Boren National Security Education Act of 1991 (50
U.S.C. 1902) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B)(ii);
(B) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(D) awarding grants to institutions of
higher education to carry out a National Flag-
ship Language Initiative (described in subsection
(i)).’’.
(2) PROVISIONS
OF
NATIONAL
FLAGSHIP
LAN-
GUAGE INITIATIVE.—Such section, as amended by sec-
tion 308, is further amended by adding at the end the
following new subsection:
‘‘(i) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—(1)
Under the National Flagship Language Initiative, institu-
tions of higher learning shall establish, operate, or improve
activities designed to train students in programs in a range
of disciplines to achieve advanced levels of proficiency in
those foreign languages that the Secretary identifies as
being the most critical in the interests of the national secu-
rity of the United States.
‘‘(2) An undergraduate student who has been awarded
a scholarship under subsection (a)(1)(A) or a graduate stu-
dent who has been awarded a fellowship under subsection
(a)(1)(B) may participate in the activities carried out
under the National Flagship Language Initiative.
‘‘(3) An institution of higher education that receives
a grant pursuant to subsection (a)(1)(D) shall give special
consideration to applicants who are employees of the Fed-
eral Government.
‘‘(4) For purposes of this subsection, the Foreign Lan-
guage Center of the Defense Language Institute and any
other educational institution that provides training in for-
eign languages operated by the Department of Defense or
an agency in the intelligence community is deemed to be
an institution of higher education, and may carry out the
types of activities permitted under the National Flagship
Language Initiative.’’.
(3) WAIVER OF FUNDING ALLOCATION RULES.—
Subsection (a)(2) of such section is amended by add-
ing at the end the following flush sentences:
‘‘The funding allocation under this paragraph shall
not apply to grants under paragraph (1)(D) for the
National Flagship Language Initiative described in
subsection (i). For the authorization of appropria-
tions for the National Flagship Language Initiative,
see section 811.’’.
(4) BOARD REQUIREMENT.—Section 803(d)(4) of
such Act (50 U.S.C. 1904(d)(4)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C);
(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(E) which foreign languages are critical to
the national security interests of the United
States for purposes of section 802(a)(1)(D) (re-
lating to grants for the National Flagship Lan-
guage Initiative).’’.
(b) FUNDING.—The David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended
by adding at the end the following new section:
‘‘SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF AP-
PROPRIATIONS.
‘‘(a) IN GENERAL.—In addition to amounts that may
be made available to the Secretary under the National Secu-
rity Education Trust Fund (under section 804 of this Act)
for a fiscal year, there is authorized to be appropriated to
the Secretary for each fiscal year, beginning with fiscal year
2003, $10,000,000, to carry out the grant program for the
National Flagship Language Initiative under section
802(a)(1)(D).
‘‘(b) AVAILABILITY
OF
APPROPRIATED
FUNDS.—
Amounts appropriated pursuant to the authorization under
subsection (a) shall remain available until expended.’’.
SEC. 310. DEADLINE FOR SUBMITTAL OF VARIOUS OVER-
DUE REPORTS.
(a) DEADLINE.—The reports described in subsection
(c) shall be submitted to Congress not later than 180 days
after the date of the enactment of this Act.
(b) NONCOMPLIANCE.—(1) If all the reports described
in subsection (c) are not submitted to Congress by the date
specified in subsection (a), amounts available to be obli-
gated or expended after that date to carry out the functions
or duties of the following offices shall be reduced by 1⁄3:
(A) The Office of the Director of Central Intel-
ligence.
(B) The Office of Community Management Staff.
(2) The reduction applicable under paragraph (1)
shall not apply if the Director of Central Intelligence cer-
tifies to Congress by the date referred to in subsection (a)
that all reports referred to in subsection (c) have been sub-
mitted to Congress.
(c) REPORTS DESCRIBED.—The reports referred to in
subsection (a) are reports mandated by law for which the
Director of Central Intelligence has sole or primary respon-
sibility to prepare, or coordinate, and submit to Congress
which, as of the date of the enactment of this Act, have not
been submitted to Congress by the date mandated by law.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTEL-
LIGENCE AGENCY VOLUNTARY SEPARATION
PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 403–4 note) is amended—
(1) in subsection (f), by striking ‘‘September 30,
2003’’ and inserting ‘‘September 30, 2005’’; and
(2) in subsection (i), by striking ‘‘or 2003’’ and
inserting ‘‘2003, 2004, or 2005’’.
SEC. 402. PROHIBITION ON IMPLEMENTATION OF COM-
PENSATION REFORM PLAN.
No plan by the Director of Central Intelligence that
would revise the manner in which employees of the Central
Intelligence Agency, or employees of other elements of the
United States Government that conduct intelligence and in-
telligence-related activities, are compensated may be imple-
mented until the plan has been specifically authorized by
statute.
TITLE V—DEPARTMENT OF DE-
FENSE INTELLIGENCE ACTIVI-
TIES
SEC. 501. USE OF FUNDS FOR COUNTER-DRUG AND
COUNTERTERRORISM ACTIVITIES FOR CO-
LOMBIA.
Notwithstanding any other provision of law, funds des-
ignated for intelligence or intelligence-related purposes for
assistance to the Government of Colombia for counter-drug
activities for fiscal years 2002 and 2003, and any unobli-
gated funds available to any element of the intelligence com-
munity for such activities for a prior fiscal year, shall be
available to support a unified campaign against narcotics
trafficking and against activities by organizations des-
ignated as terrorist organizations (such as the Revolu-
tionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense
Forces of Colombia (AUC)), and to take actions to protect
human health and welfare in emergency circumstances, in-
cluding undertaking rescue operations.
SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NA-
TIONAL RECONNAISSANCE OFFICE.
(a) IN GENERAL.—Title I of the National Security Act
of 1947 (50 U.S.C. 401 et seq.) is amended by inserting
after section 105C (50 U.S.C. 403–5c) the following new
section:
‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE
‘‘SEC. 105D. (a) EXEMPTION
OF CERTAIN OPER-
ATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION, OR
DISCLOSURE.—(1) The Director of the National Reconnais-
sance Office, with the coordination of the Director of Cen-
tral Intelligence, may exempt operational files of the Na-
tional Reconnaissance Office from the provisions of section
552 of title 5, United States Code, which require publica-
tion, disclosure, search, or review in connection therewith.
‘‘(2)(A) Subject to subparagraph (B), for the purposes
of this section, the term ‘operational files’ means files of
the National Reconnaissance Office (hereafter in this section
referred to as ‘NRO’) that document the means by which
foreign intelligence or counterintelligence is collected
through scientific and technical systems.
‘‘(B) Files which are the sole repository of dissemi-
nated intelligence are not operational files.
‘‘(3) Notwithstanding paragraph (1), exempted oper-
ational files shall continue to be subject to search and review
for information concerning—
‘‘(A) United States citizens or aliens lawfully
admitted for permanent residence who have requested
information on themselves pursuant to the provisions
of section 552 or 552a of title 5, United States Code;
‘‘(B) any special activity the existence of which
is not exempt from disclosure under the provisions of
section 552 of title 5, United States Code; or
‘‘(C) the specific subject matter of an investiga-
tion by any of the following for any impropriety, or
violation of law, Executive order, or Presidential di-
rective, in the conduct of an intelligence activity:
‘‘(i) The Permanent Select Committee on
Intelligence of the House of Representatives.
‘‘(ii) The Select Committee on Intelligence
of the Senate.
‘‘(iii) The Intelligence Oversight Board.
‘‘(iv) The Department of Justice.
‘‘(v) The Office of General Counsel of NRO.
‘‘(vi) The Office of the Director of NRO.
‘‘(4)(A) Files that are not exempted under paragraph
(1) which contain information derived or disseminated
from exempted operational files shall be subject to search
and review.
‘‘(B) The inclusion of information from exempted oper-
ational files in files that are not exempted under paragraph
(1) shall not affect the exemption under paragraph (1) of
the originating operational files from search, review, publi-
cation, or disclosure.
‘‘(C) The declassification of some of the information
contained in exempted operational files shall not affect the
status of the operational file as being exempt from search,
review, publication, or disclosure.
‘‘(D) Records from exempted operational files which
have been disseminated to and referenced in files that are
not exempted under paragraph (1) and which have been
returned to exempted operational files for sole retention
shall be subject to search and review.
‘‘(5) The provisions of paragraph (1) may not be su-
perseded except by a provision of law which is enacted after
the date of the enactment of this section, and which specifi-
cally cites and repeals or modifies its provisions.
‘‘(6)(A) Except as provided in subparagraph (B),
whenever any person who has requested agency records
under section 552 of title 5, United States Code, alleges that
NRO has withheld records improperly because of failure to
comply with any provision of this section, judicial review
shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
‘‘(B) Judicial review shall not be available in the man-
ner provided for under subparagraph (A) as follows:
‘‘(i) In any case in which information specifi-
cally authorized under criteria established by an Ex-
ecutive order to be kept secret in the interests of na-
tional defense or foreign relations is filed with, or
produced for, the court by NRO, such information
shall be examined ex parte, in camera by the court.
‘‘(ii) The court shall, to the fullest extent prac-
ticable, determine the issues of fact based on sworn
written submissions of the parties.
‘‘(iii) When a complainant alleges that requested
records are improperly withheld because of improper
placement solely in exempted operational files, the
complainant shall support such allegation with a
sworn written submission based upon personal knowl-
edge or otherwise admissible evidence.
‘‘(iv)(I) When a complainant alleges that re-
quested records were improperly withheld because of
improper exemption of operational files, NRO shall
meet its burden under section 552(a)(4)(B) of title 5,
United States Code, by demonstrating to the court by
sworn written submission that exempted operational
files likely to contain responsible records currently
perform the functions set forth in paragraph (2).
‘‘(II) The court may not order NRO to review
the content of any exempted operational file or files
in order to make the demonstration required under
subclause (I), unless the complainant disputes NRO’s
showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
‘‘(v) In proceedings under clauses (iii) and (iv),
the parties may not obtain discovery pursuant to
rules 26 through 36 of the Federal Rules of Civil Pro-
cedure, except that requests for admissions may be
made pursuant to rules 26 and 36.
‘‘(vi) If the court finds under this paragraph
that NRO has improperly withheld requested records
because of failure to comply with any provision of
this subsection, the court shall order NRO to search
and review the appropriate exempted operational file
or files for the requested records and make such
records, or portions thereof, available in accordance
with the provisions of section 552 of title 5, United
States Code, and such order shall be the exclusive
remedy for failure to comply with this subsection.
‘‘(vii) If at any time following the filing of a
complaint pursuant to this paragraph NRO agrees to
search the appropriate exempted operational file or
files for the requested records, the court shall dismiss
the claim based upon such complaint.
‘‘(viii) Any information filed with, or produced
for the court pursuant to clauses (i) and (iv) shall be
coordinated with the Director of Central Intelligence
prior to submission to the court.
‘‘(b) DECENNIAL
REVIEW
OF
EXEMPTED
OPER-
ATIONAL FILES.—(1) Not less than once every 10 years, the
Director of the National Reconnaissance Office and the Di-
rector of Central Intelligence shall review the exemptions
in force under subsection (a)(1) to determine whether such
exemptions may be removed from the category of exempted
files or any portion thereof. The Director of Central Intel-
ligence must approve any determination to remove such ex-
emptions.
‘‘(2) The review required by paragraph (1) shall in-
clude consideration of the historical value or other public
interest in the subject matter of the particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
‘‘(3) A complainant that alleges that NRO has improp-
erly withheld records because of failure to comply with this