IIB
107TH CONGRESS
2D SESSION
H. R. 4628
IN THE SENATE OF THE UNITED STATES
JULY 25, 2002
Received; read twice and referred to the Select Committee on Intelligence
AN ACT
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.
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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
‘‘Intelligence Authorization Act for Fiscal Year 2003’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for fiscal
year 2002.
Sec. 106. Limitation on intelligence and intelligence-related activities.
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
Program and the Foreign Language Center of the Defense
Language Institute.
Sec. 309. Establishment of National Flagship Language Initiative within the
National Security Education Program.
Sec. 310. Deadline for submittal of various overdue reports.
Sec. 311. Report on establishment of a Civilian Linguist Reserve Corps.
Sec. 312. Sense of Congress on diversity in the workforce of intelligence com-
munity agencies.
Sec. 313. Annual report on hiring and retention of minority employees in the
intelligence community.
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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.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counter-drug and counterterrorism activities for Co-
lombia.
Sec. 502. Protection of operational files of the National Reconnaissance Office.
Sec. 503. Eligibility of employees in intelligence senior level positions for Presi-
dential Rank Awards.
TITLE VI—NATIONAL COMMISSION ON TERRORIST ATTACKS
UPON THE UNITED STATES.
Sec. 601. Establishment of Commission.
Sec. 602. Composition of the Commission.
Sec. 603. Functions of the Commission.
Sec. 604. Powers of the Commission.
Sec. 605. Staff of the Commission.
Sec. 606. Compensation and travel expenses.
Sec. 607. Security clearances for Commission members and staff.
Sec. 608. Reports of the Commission; termination.
Sec. 609. Authorization of appropriations.
TITLE VII—INFORMATION SHARING
Sec. 701. Short title.
Sec. 702. Findings and sense of Congress.
Sec. 703. Facilitating homeland security information sharing procedures.
Sec. 704. Report.
Sec. 705. Authorization of appropriations.
Sec. 706. Authority to share grand jury information.
Sec. 707. Authority to share electronic, wire, and oral interception information.
Sec. 708. Foreign intelligence information.
Sec. 709. Information acquired from an electronic surveillance.
Sec. 710. Information acquired from a physical search.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 2003 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
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(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
under section 101, and the authorized personnel ceilings
as of September 30, 2003, for the conduct of the intel-
ligence 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
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made available to the Committees on Appropriations of
the Senate and House of Representatives and to the Presi-
dent. The President shall provide for suitable distribution
of the Schedule, or of appropriate portions of the Sched-
ule, 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 intel-
ligence functions, except that the number of personnel em-
ployed in excess of the number authorized under such sec-
tion may not, for any element of the intelligence commu-
nity, exceed 2 percent of the number of civilian personnel
authorized under such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The
Director of Central Intelligence shall notify promptly the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intel-
ligence of the Senate whenever the Director exercises the
authority granted by this section.
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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 Ac-
count 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 classi-
fied Schedule of Authorizations.
(d) REIMBURSEMENT.—Except as provided in section
113 of the National Security Act of 1947 (50 U.S.C.
404h), during fiscal year 2003 any officer or employee of
the United States or a member of the Armed Forces who
is detailed to the staff of the Community Management Ac-
count from another element of the United States Govern-
ment shall be detailed on a reimbursable basis, except that
any such officer, employee, or member may be detailed on
a nonreimbursable basis for a period of less than one year
for the performance of temporary functions as required
by the Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to
be appropriated in subsection (a), $34,100,000 shall
be available for the National Drug Intelligence Cen-
ter. Within such amount, funds provided for re-
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search, development, testing, and evaluation pur-
poses 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
Central Intelligence shall transfer to the Attorney
General funds available for the National Drug Intel-
ligence Center under paragraph (1). The Attorney
General shall utilize funds so transferred for the ac-
tivities of the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the
National Drug Intelligence Center may not be used
in contravention of the provisions of section
103(d)(1) of the National Security Act of 1947 (50
U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other
provision of law, the Attorney General shall retain
full authority over the operations of the National
Drug Intelligence Center.
SEC. 
105. 
AUTHORIZATION 
OF 
EMERGENCY 
SUPPLE-
MENTAL APPROPRIATIONS FOR FISCAL YEAR
2002.
(a) AUTHORIZATION.—Amounts authorized to be ap-
propriated for fiscal year 2002 under section 101 of the
Intelligence Authorization Act for Fiscal Year 2002 (Pub-
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lic Law 107–108) for the conduct of the intelligence activi-
ties of elements of the United States Government listed
in such section are hereby increased, with respect to any
such authorized amount, by the amount by which appro-
priations pursuant to such authorization were increased
by the following:
(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 re-
quirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) RATIFICATION.—For purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414), any
obligation or expenditure of those amounts deemed to have
been specifically authorized by the Act referred to in sub-
section (a)(1) and by the supplemental appropriations Act
referred to in subsection (a)(2) is hereby ratified and con-
firmed.
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SEC. 106. LIMITATION ON INTELLIGENCE AND INTEL-
LIGENCE-RELATED ACTIVITIES.
(a) IN GENERAL.—Subject to subsection (b), the
amounts requested in the letter dated July 03, 2002, of
the President to the Speaker of the House of Representa-
tives, related to the Defense Emergency Response Fund
and that are designated for the incremental costs of intel-
ligence and intelligence-related activities for the war on
terrorism are authorized.
(b) LIMITATIONS.—The amounts referred to in sub-
section (a)—
(1) are authorized only for activities directly re-
lated to identifying, responding to, or protecting
against acts or threatened acts of terrorism;
(2) are not authorized to correct programmatic
or fiscal deficiencies in major acquisition programs
which have not achieved initial operational capabili-
ties within two years of the date of the enactment
of this Act; and
(3) are not available until the end of the 10-day
period that begins on the date written notice is pro-
vided to the Select Committee on Intelligence and
the Committee on Appropriations of the Senate and
the Permanent Select Committee on Intelligence and
the Committee on Appropriations of the House of
Representatives.
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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 Cen-
tral Intelligence Agency Retirement and Disability Fund
for fiscal 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.
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SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMU-
NITY CONTRACTING.
It is the sense of Congress that the Director of Cen-
tral Intelligence should continue to direct that elements
of the intelligence community, whenever compatible with
the national security interests of the United States and
consistent with operational and security concerns related
to the conduct of intelligence activities, and where fiscally
sound, should competitively award contracts in a manner
that maximizes the procurement of products properly des-
ignated 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 defined in subsection (c)) that fully in-
forms the committees concerning operations against ter-