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.
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.
(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
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.
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
fiscal 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 ele-
ments within the Community Management Account of the
Director of Central Intelligence are authorized 350 full-
time personnel as of September 30, 2003. Personnel serv-
ing in such elements may be permanent employees of the
Community Management Account or personnel detailed
from other elements of the United States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In
addition to amounts authorized to be appropriated
for the 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
specified in the classified Schedule of Authorizations
referred 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 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-
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-
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.
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.
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.
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-
rorist financial networks. Each such report shall include
with respect to the preceding six-month period—
‘‘(1) the total number of asset seizures, des-
ignations, and other actions against individuals or
entities found to have engaged in financial support
of terrorism;
‘‘(2) the total number of applications for asset
seizure and designations of individuals or entities
suspected of having engaged in financial support of
terrorist activities, that were granted, modified, or
denied;
‘‘(3) the total number of physical searches of
offices, residences, or financial records of individuals
or entities suspected of having engaged in financial
support for terrorist activity; and
‘‘(4) whether the financial intelligence 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
DESIGNATION.—In the case of a designation of an indi-
vidual or entity, or the assets of an individual or entity,
as having been found to have engaged in terrorist activi-
ties, the Secretary of the Treasury shall report such des-
ignation within 24 hours of such a designation to the ap-
propriate congressional 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
Representatives.
‘‘(2) The Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Sen-
ate.’’.
(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
amended by inserting before the period the following: ‘‘,
and includes 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 sub-
section (b); and
(3) by inserting after subsection (b) (as so re-
designated 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
individual employed in or under such excepted agency may
participate in a leave transfer program established under
the provisions of this subchapter outside of this section,
including provisions permitting the transfer of annual
leave accrued or accumulated by such employee to, or per-
mitting such employee to receive transferred leave from,
an employee of any other agency (including another ex-
cepted agency having a program under this subsection).
‘‘(2) To the extent practicable and consistent with the
protection of intelligence sources and methods, any pro-
gram established under paragraph (1) shall be consistent
with the provisions of this subchapter outside of this sec-
tion and with any regulations issued by the Office of Per-
sonnel Management 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 de-
fined 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
LANGUAGE 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 sub-
section referred to as the ‘Center’). An award recipient
may apply a portion of the applicable scholarship or fellow-
ship award for instruction at the Center on a space-avail-
able basis as a Department of Defense sponsored program
to defray the additive instructional costs.
‘‘(2) Except as the Secretary determines necessary,
an award recipient who receives instruction at the Center
shall be subject to the same regulations with respect to
attendance, discipline, discharge, and dismissal as apply
to other persons attending the Center.
‘‘(3) In this subsection, the term ‘award recipient’
means an undergraduate student who has been awarded
a scholarship under subsection (a)(1)(A) or a graduate
student who has been 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
subparagraph (C) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(D) awarding grants to institutions of
higher education to carry out a National Flag-
ship Language Initiative (described in sub-
section (i)).’’.
(2) PROVISIONS OF NATIONAL FLAGSHIP LAN-
GUAGE INITIATIVE.—Such section, as amended by
section 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, in-
stitutions of higher learning shall establish, operate, or im-
prove activities designed to train students in programs in
a range of disciplines to achieve advanced levels of pro-
ficiency in those foreign languages that the Secretary iden-
tifies as being the most critical in the interests of the na-
tional security of the United States.
‘‘(2) An undergraduate student who has been award-
ed a scholarship under subsection (a)(1)(A) or a graduate
student who has been awarded a fellowship under sub-
section (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
Language Center of the Defense Language Institute and
any other educational institution that provides training in
foreign languages operated by the Department of Defense
or an agency in the intelligence community is deemed to
be an institution of higher education, and may carry out
the types of activities permitted under the National Flag-
ship Language Initiative.’’.
(3) 
WAIVER
OF
FUNDING
ALLOCATION
RULES.—Subsection (a)(2) of such section is amend-
ed by adding at the end the following flush sen-
tences:
‘‘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
subparagraph (D) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(E) which foreign languages are critical
to the national security interests of the United
States for purposes of section 802(a)(1)(D) (re-
lating to grants for the National Flagship Lan-
guage Initiative).’’.
(b) FUNDING.—The David L. Boren National Secu-
rity 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 Se-
curity Education Trust Fund (under section 804 of this
Act) for a fiscal year, there is authorized to be appro-
priated 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 ex-
pended.’’.
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 de-
scribed in subsection (c) are not submitted to Congress
by the date specified in subsection (a), amounts available
to be obligated or expended after that date to carry out
the functions or duties of the following offices shall be re-
duced 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
submitted to Congress.
(c) REPORTS DESCRIBED.—The reports referred to
in subsection (a) are reports mandated by law for which
the Director of Central Intelligence has sole or primary
responsibility to prepare, 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.
SEC. 311. REPORT ON ESTABLISHMENT OF A CIVILIAN LIN-
GUIST RESERVE CORPS.
(a) REPORT.—The Secretary of Defense, acting
through the Director of the National Security Education
Program, shall prepare a report on the feasibility of estab-
lishing a Civilian Linguist Reserve Corps comprised of in-
dividuals with advanced levels of proficiency in foreign lan-
guages who are United States citizens who would be avail-
able upon a call of the President to perform such service
or duties with respect to such foreign languages in the
Federal Government as the President may specify. In pre-
paring the report, the Secretary shall consult with such
organizations having expertise in training in foreign lan-
guages as the Secretary determines appropriate.
(b) MATTERS CONSIDERED.—
(1) IN GENERAL.—In conducting the study, the
Secretary shall develop a proposal for the structure
and operations of the Civilian Linguist Reserve
Corps. The proposal shall establish requirements for
performance of duties and levels of proficiency in
foreign languages of the members of the Civilian
Linguist Reserve Corps, including maintenance of
language skills and specific training required for
performance of duties as a linguist of the Federal
Government, and shall include recommendations on
such other matters as the Secretary determines ap-
propriate.
(2) CONSIDERATION OF USE OF DEFENSE LAN-
GUAGE INSTITUTE AND LANGUAGE REGISTRIES.—In
developing the proposal under paragraph (1), the
Secretary shall consider the appropriateness of
using—
(A) the Defense Language Institute to
conduct testing for language skills proficiency
and performance, and to provide language re-
fresher courses; and
(B) foreign language skill registries of the
Department of Defense or of other agencies or
departments of the United States to identify in-
dividuals with sufficient proficiency in foreign
languages.
(3) CONSIDERATION OF THE MODEL OF THE
RESERVE COMPONENTS OF THE ARMED FORCES.—
In developing the proposal under paragraph (1), the
Secretary shall consider the provisions of title 10,
United States Code, establishing and governing serv-
ice in the Reserve Components of the Armed Forces,
as a model for the Civilian Linguist Reserve Corps.
(c) COMPLETION
OF REPORT.—Not later than 6
months after the date of the enactment of this Act, the
Secretary shall submit to Congress the report prepared
under subsection (a).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of De-
fense $300,000 to carry out this section.
SEC. 312. ANNUAL REPORT ON HIRING AND RETENTION OF
MINORITY 
EMPLOYEES 
IN 
THE 
INTEL-
LIGENCE COMMUNITY.
Section 114 of the National Security Act of 1947 (50
U.S.C. 404i) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) ANNUAL REPORT ON HIRING AND RETENTION
OF MINORITY EMPLOYEES.—(1) The Director of Central
Intelligence shall, on an annual basis, submit to Congress
a report on the employment of covered persons within each
element of the intelligence community for the preceding
fiscal year.
‘‘(2) Each such report shall include disaggregated
data by category of covered person from each element of
the intelligence community on the following:
‘‘(A) Of all individuals employed in the element
during the fiscal year involved, the aggregate per-
centage of such individuals who are covered persons.
‘‘(B) Of all individuals employed in the element
during the fiscal year involved at the levels referred
to in clauses (i) and (ii), the percentage of covered
persons employed at such levels:
‘‘(i) Positions at levels 1 through 15 of the
General Schedule.
‘‘(ii) Positions at levels above GS–15.
‘‘(C) Of individuals hired by the head of the ele-
ment involved during the fiscal year involved, the
percentage of such individuals who are covered per-
sons.
‘‘(3) Each such report shall be submitted in unclassi-
fied form, but may contain a classified annex.
‘‘(4) Nothing in this subsection shall be construed as
providing for the substitution of any similar report re-
quired under another provision of law.
‘‘(5) In this subsection, the term ‘covered persons’
means—
‘‘(A) racial and ethnic minorities,
‘‘(B) women, and
‘‘(C) individuals with disabilities.’’.
SEC. 313. SENSE OF CONGRESS ON DIVERSITY IN THE
WORKFORCE OF INTELLIGENCE COMMUNITY
AGENCIES.
(a) FINDINGS.—Congress finds the following:
(1) The United States is engaged in a war
against terrorism that requires the active participa-
tion of the intelligence community.
(2) Certain intelligence agencies, among them
the Federal Bureau of Investigation and the Central
Intelligence Agency, have announced that they will
be hiring several hundred new agents to help con-
duct the war on terrorism.
(3) Former Directors of the Federal Bureau of
Investigation, the Central Intelligence Agency, the
National Security Agency, and the Defense Intel-
ligence Agency have stated that a more diverse intel-
ligence community would be better equipped to gath-
er and analyze information on diverse communities.
(4) The Central Intelligence Agency and the
National Security Agency were authorized to estab-
lish an undergraduate training program for the pur-
pose of recruiting and training minority operatives
in 1987.
(5) The Defense Intelligence Agency was au-
thorized to establish an undergraduate training pro-
gram for the purpose of recruiting and training mi-
nority operatives in 1988.
(6) The National Imagery and Mapping Agency
was authorized to establish an undergraduate train-
ing program for the purpose of recruiting and train-
ing minority operatives in 2000.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the Director of the Federal Bureau of In-
vestigation (with respect to the intelligence and in-
telligence-related activities of the Bureau), the Di-
rector of Central Intelligence, the Director of the
National Security Agency, and the Director of the
Defense Intelligence Agency should make the cre-
ation of a more diverse workforce a priority in hiring
decisions; and
(2) the Director of Central Intelligence, the Di-
rector of National Security Agency, the Director of
Defense Intelligence Agency, and the Director of
National Imagery and Mapping Agency should in-
crease their minority recruitment efforts through the
undergraduate training program provided for under
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 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 ‘‘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
intelligence-related activities, are compensated may be im-
plemented until the plan has been specifically authorized
by statute.
TITLE V—DEPARTMENT OF DE-
FENSE 
INTELLIGENCE 
AC-
TIVITIES
SEC. 501. USE OF FUNDS FOR COUNTER-DRUG AND
COUNTERTERRORISM ACTIVITIES FOR CO-
LOMBIA.
(a) AUTHORITY.—Funds designated for intelligence
or intelligence-related purposes for assistance to the Gov-
ernment of Colombia for counter-drug activities for fiscal
years 2002 and 2003, and any unobligated funds available
to any element of the intelligence community for such ac-
tivities for a prior fiscal year, shall be available to support
a unified campaign against narcotics trafficking and
against activities by organizations designated as terrorist
organizations (such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN),
and the United Self-Defense Forces of Colombia (AUC)),
and to take actions to protect human health and welfare
in emergency circumstances, including undertaking rescue
operations.
(b) REQUIREMENT FOR CERTIFICATION.—(1) The
authorities provided in subsection (a) shall not be exer-
cised until the Secretary of Defense certifies to the Con-
gress that the provisions of paragraph (2) have been com-
plied with.
(2) In order to ensure effectiveness of United States
support for such a unified campaign, prior to the exercise
of the authority contained in subsection (a), the Secretary
of State shall report to the appropriate committees of Con-
gress that the newly elected President of Colombia has—
(A) committed, in writing, to establish
comprehensive policies to combat illicit drug
cultivation, 
manufacturing, 
and 
trafficking
(particularly with respect to providing economic
opportunities that offer viable alternatives to il-
licit crops) and to restore government authority
and respect for human rights in areas under
the effective control of paramilitary and guer-
rilla organizations;
(B) committed, in writing, to implement
significant budgetary and personnel reforms of
the Colombian Armed Forces; and
(C) committed, in writing, to support sub-
stantial additional Colombian financial and
other resources to implement such policies and
reforms, particularly to meet the country’s pre-
vious commitments under ‘‘Plan Colombia’’.
In this paragraph, the term ‘‘appropriate committees of
Congress’’ means the Permanent Select Committee on In-
telligence and the Committee on Appropriations of the
House of Representatives and the Select Committee on In-
telligence and the Committee on Appropriations of the
Senate.
(c) TERMINATION OF AUTHORITY.—The authority
provided in subsection (a) shall cease to be effective if the
Secretary of Defense has credible evidence that the Colom-
bian Armed Forces are not conducting vigorous operations
to restore government authority and respect for human
rights in areas under the effective control of paramilitary
and guerrilla organizations.
(d) APPLICATION
OF
CERTAIN
PROVISIONS
OF
LAW.—Sections 556, 567, and 568 of Public Law 107–
115, section 8093 of the Department of Defense Appro-
priations Act, 2002, and the numerical limitations on the
number of United States military personnel and United
States individual civilian contractors in section 3204(b)(1)
of Public Law 106–246 shall be applicable to funds made
available pursuant to the authority contained in subsection
(a).
(e) LIMITATION
ON PARTICIPATION
OF UNITED
STATES PERSONNEL.—No United States Armed Forces
personnel or United States civilian contractor employed by
the United States will participate in any combat operation
in connection with assistance made available under this
section, except for the purpose of acting in self defense
or rescuing any United States citizen to include United
States Armed Forces personnel, United States civilian em-
ployees, and civilian contractors employed by the United
States.
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 insert-
ing 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 Re-
connaissance Office, with the coordination of the Director
of Central Intelligence, may exempt operational files of the
National Reconnaissance Office from the provisions of sec-
tion 552 of title 5, United States Code, which require pub-
lication, disclosure, search, or review in connection there-
with.
‘‘(2)(A) Subject to subparagraph (B), for the pur-
poses 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 re-
view for information concerning—
‘‘(A) United States citizens or aliens lawfully
admitted for permanent residence who have re-
quested 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
operational files in files that are not exempted under para-
graph (1) shall not affect the exemption under paragraph
(1) of the originating operational files from search, review,
publication, or disclosure.
‘‘(C) The declassification of some of the information
contained in exempted operational files shall not affect the
status of the operational file as being exempt from search,
review, publication, or disclosure.
‘‘(D) Records from exempted operational files which
have been disseminated to and referenced in files that are
not exempted under paragraph (1) and which have been
returned to exempted operational files for sole retention
shall be subject to search and review.
‘‘(5) The provisions of paragraph (1) may not be su-
perseded except by a provision of law which is enacted
after the date of the enactment of this section, and which
specifically cites and repeals or modifies its provisions.
‘‘(6)(A) Except as provided in subparagraph (B),
whenever any person who has requested agency records
under section 552 of title 5, United States Code, alleges
that NRO has withheld records improperly because of fail-
ure to comply with any provision of this section, judicial
review shall be available under the terms set forth in sec-
tion 552(a)(4)(B) of title 5, United States Code.
‘‘(B) Judicial review shall not be available in the
manner provided for under subparagraph (A) as follows:
‘‘(i) In any case in which information 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 re-
quested 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 per-
sonal knowledge 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 para-
graph (2).
‘‘(II) The court may not order NRO to review
the content of any exempted operational file or files
in order to make the demonstration required under
subclause (I), unless the complainant disputes
NRO’s showing with a sworn written submission
based on personal knowledge or otherwise admissible
evidence.
‘‘(v) In proceedings under clauses (iii) and (iv),
the parties may not obtain discovery pursuant to
rules 26 through 36 of the Federal Rules of Civil
Procedure, except that requests for admissions may
be made pursuant to rules 26 and 36.
‘‘(vi) If the court finds under this paragraph
that NRO has improperly withheld requested records
because of failure to comply with any provision of
this subsection, the court shall order NRO to search
and review the appropriate exempted operational file
or files for the requested records and make such
records, or portions thereof, available in accordance
with the provisions of section 552 of title 5, United
States Code, and such order shall be the exclusive
remedy for failure to comply with this subsection.
‘‘(vii) If at any time following the filing of a
complaint pursuant to this paragraph NRO agrees
to search the appropriate exempted operational file
or files for the requested records, the court shall dis-
miss 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 Intel-
ligence 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 Director of Central Intelligence shall review the ex-
emptions in force under subsection (a)(1) to determine
whether such exemptions may be removed from the cat-
egory of exempted files or any portion thereof. The Direc-
tor of Central Intelligence must approve any determina-
tion to remove such exemptions.
‘‘(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 declas-
sifying a significant part of the information contained
therein.
‘‘(3) A complainant that alleges that NRO has im-
properly withheld records because of failure to comply with
this subsection may seek judicial review in the district
court of the United States of the district in which any
of the parties reside, or in the District of Columbia. In
such a proceeding, the court’s review shall be limited to
determining the following:
‘‘(A) Whether NRO has conducted the review
required by paragraph (1) before the expiration of
the 10-year period beginning on the date of the en-
actment of this section or before the expiration of
the 10-year period beginning on the date of the most
recent review.
‘‘(B) Whether NRO, in fact, considered the cri-
teria set forth in paragraph (2) in conducting the re-
quired review.’’.
(b) CLERICAL AMENDMENT.—The table of contents
contained in the first section of such Act is amended by
inserting after the item relating to section 105C the fol-
lowing new item:
‘‘Sec. 105D. Protection of operational files of the National Reconnaissance Of-
fice.’’.
SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE
SENIOR 
LEVEL 
POSITIONS 
FOR 
PRESI-
DENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) AWARD OF RANK TO EMPLOYEES IN INTEL-
LIGENCE SENIOR LEVEL POSITIONS.—The President,
based on the recommendations of the Secretary of De-
fense, may award a rank referred to in section 4507a of
title 5 to employees in Intelligence Senior Level positions
designated under subsection (a). The award of such rank
shall be made in a manner consistent with the provisions
of that section.’’.
TITLE 
VI—NATIONAL 
COMMIS-
SION 
ON 
TERRORIST 
AT-
TACKS 
UPON 
THE 
UNITED
STATES
SEC. 601. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on
Terrorist Attacks Upon the United States (in this title re-
ferred to as the ‘‘Commission’’).
SEC. 602. COMPOSITION OF THE COMMISSION.
(a) MEMBERS.—Subject to the requirements of sub-
section (b), the Commission shall be composed of 10 mem-
bers, of whom—
(1) 3 members shall be appointed by the major-
ity leader of the Senate;
(2) 3 members shall be appointed by the Speak-
er of the House of Representatives;
(3) 2 members shall be appointed by the minor-
ity leader of the Senate; and
(4) 2 members shall be appointed by the minor-
ity leader of the House of Representatives.
(b) QUALIFICATIONS.—
(1) POLITICAL PARTY AFFILIATION.—Not more
than 5 members of the Commission shall be from
the same political party.
(2) 
NONGOVERNMENTAL
APPOINTEES.—No
member of the Commission shall be an officer or em-
ployee of the Federal Government or any State or
local government.
(3) OTHER QUALIFICATIONS.—It is the sense of
Congress that individuals appointed to the Commis-
sion should be prominent United States citizens,
with national recognition and significant depth of ex-
perience in such professions as governmental service
and intelligence gathering.
(4) REPRESENTATION OF FAMILY MEMBERS OF
VICTIMS OF TERRORIST ATTACKS.—Of the members
appointed under paragraphs (1) and (2) of sub-
section (a), at least one member appointed under
each such paragraph shall be a member of the fam-
ily, or a representative designated by such a family
or families, of an individual who died in the terrorist
attacks against the United States which occurred on
September 11, 2001.
(c) CHAIRPERSON; VICE CHAIRPERSON.—
(1) IN GENERAL.—Subject to the requirement
of paragraph (2), the Chairperson and Vice Chair-
person of the Commission shall be elected by the
members.
(2) 
POLITICAL
PARTY
AFFILIATION.—The
Chairperson and Vice Chairperson shall not be from
the same political party.
(d) INITIAL MEETING.—If 60 days after the date of
enactment of this Act, 6 or more members of the Commis-
sion have been appointed, those members who have been
appointed may meet and, if necessary, select a temporary
Chairperson and Vice Chairperson, who may begin the op-
erations of the Commission, including the hiring of staff.
(e) QUORUM; VACANCIES.—After its initial meeting,
the Commission shall meet upon the call of the Chair-
person or a majority of its members. Six members of the
Commission shall constitute a quorum. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner in which the original appointment was
made.
SEC. 603. FUNCTIONS OF THE COMMISSION.
(a) IN GENERAL.—The functions of the Commission
are to—
(1) review the implementation by the intel-
ligence community of the findings, conclusions, and
recommendations of—
(A) the Joint Inquiry of the Select Com-
mittee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of
the House of Representatives regarding the ter-
rorist attacks against the United States which
occurred on September 11, 2001;
(B) other reports and investigations of the
House Permanent Select Committee on Intel-
ligence of the House of Representatives and the
Senate Select Committee on Intelligence of the
Senate; and
(C) other such executive branch, congres-
sional, or independent commission investiga-
tions of such the terrorist attacks or the intel-
ligence community;
(2) make recommendations on additional ac-
tions for implementation of the findings, rec-
ommendations and conclusions referred to in para-
graph (1);
(3) review resource allocation and other
prioritizations of the intelligence community for
counterterrorism and make recommendations for
such changes in those allocations and prioritization
to ensure that counterterrorism receives sufficient
attention and support from the intelligence commu-
nity;
(4) review and recommend changes to the orga-
nization of the intelligence community, in particular
the division of agencies under the jurisdiction of the
Secretary of Defense and the Director of Central In-
telligence, the dual responsibilities of the Director of
Central Intelligence as head of the intelligence com-
munity and as head of the Central Intelligence
Agency, and the separation of agencies with respon-
sibility for intelligence collection, analysis, and dis-
semination; and
(5) determine what technologies, procedures,
and capabilities are needed for the intelligence com-
munity to effectively support and conduct future
counterterrorism missions, and recommend how
these capabilities should be developed, acquired, or
both from entities outside the intelligence commu-
nity, including from private entities.
(b) DEFINITION OF INTELLIGENCE COMMUNITY.—In
this section, the term ‘‘intelligence community’’ means—
(1) the Office of the Director of Central Intel-
ligence, which shall include the Office of the Deputy
Director of Central Intelligence and the National In-
telligence Council;
(2) the Central Intelligence Agency;
(3) the National Security Agency;
(4) the Defense Intelligence Agency;
(5) the National Imagery and Mapping Agency
(6) the National Reconnaissance Office;
(7) other offices within the Department of De-
fense for the collection of specialized national intel-
ligence through reconnaissance programs;
(8) the intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal
Bureau of Investigation, the Department of the
Treasury, the Department of Energy, and the Coast
Guard;
(9) the Bureau of Intelligence and Research of
the Department of State; and
(10) such other elements of any other depart-
ment or agency as are designated by the President,
or designated jointly by the Director of Central In-
telligence and the head of the department or agency
concerned, as an element of the intelligence commu-
nity under section 3(4)(J) of the National Security
Act of 1947 (50 U.S.C. 401a(4)(J)).
SEC. 604. POWERS OF THE COMMISSION.
(a) HEARINGS
AND EVIDENCE.—The Commission
may, for purposes of carrying out this title—
(1) hold hearings, sit and act at times and
places, take testimony, receive evidence, and admin-
ister oaths; and
(2) require, by subpoena or otherwise, the at-
tendance and testimony of witnesses and the produc-
tion of books, records, correspondence, memoranda,
papers, and documents.
(b) SUBPOENAS.—
(1) SERVICE.—Subpoenas issued under sub-
section (a)(2) may be served by any person des-
ignated by the Commission.
(2) ENFORCEMENT.—
(A) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued
under subsection (a)(2), the United States dis-
trict court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable,
may issue an order requiring such person to ap-
pear at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(B) 
ADDITIONAL
ENFORCEMENT.—Sec-
tions 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through
194) shall apply in the case of any failure of
any witness to comply with any subpoena or to
testify when summoned under authority of this
section.
(c) CLOSED MEETINGS.—Notwithstanding any other
provision of law which would require meetings of the Com-
mission to be open to the public, any portion of a meeting
of the Commission may be closed to the public if the Presi-
dent determines that such portion is likely to disclose mat-
ters that could endanger national security.
(d) CONTRACTING.—The Commission may, to such
extent and in such amounts as are provided in appropria-
tion Acts, enter into contracts to enable the Commission
to discharge its duties under this title.
(e) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any department,
agency, or instrumentality of the United States any infor-
mation related to any inquiry of the Commission con-
ducted under this title. Each such department, agency, or
instrumentality shall, to the extent authorized by law, fur-
nish such information directly to the Commission upon re-
quest.
(f) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL
SERVICES
ADMINISTRATION.—
The Administrator of General Services shall provide
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions.
(2) OTHER DEPARTMENTS AND AGENCIES.—In
addition to the assistance prescribed in paragraph
(1), departments and agencies of the United States
are authorized to provide to the Commission such
services, funds, facilities, staff, and other support
services as they may determine advisable and as may
be authorized by law.
(g) GIFTS.—The Commission may, to such extent
and in such amounts as are provided in appropriation
Acts, accept, use, and dispose of gifts or donations of serv-
ices or property.
(h) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and under
the same conditions as departments and agencies of the
United States.
(i) POWERS OF SUBCOMMITTEES, MEMBERS, AND
AGENTS.—Any subcommittee, member, or agent of the
Commission may, if authorized by the Commission, take
any action which the Commission is authorized to take by
this section.
SEC. 605. STAFF OF THE COMMISSION.
(a) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by the Chairperson and the
Vice Chairperson, acting jointly.
(b) STAFF.—The Chairperson, in consultation with
the Vice Chairperson, may appoint additional personnel as
may be necessary to enable the Commission to carry out
its functions.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this sub-
section may exceed the equivalent of that payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code. Any individual ap-
pointed under subsection (a) or (b) shall be treated as an
employee for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(d) DETAILEES.—Any Federal Government employee
may be detailed to the Commission without reimbursement
from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular employ-
ment without interruption.
(e) CONSULTANT SERVICES.—The Commission is au-
thorized to procure the services of experts and consultants
in accordance with section 3109 of title 5, United States
Code, but at rates not to exceed the daily rate paid a per-
son occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
SEC. 606. COMPENSATION AND TRAVEL EXPENSES.
(a) COMPENSATION.—Each member of the Commis-
sion may be compensated at not to exceed the daily equiva-
lent of the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the
duties of the Commission.
(b) TRAVEL EXPENSES.—While away from their
homes or regular places of business in the performance
of services for the Commission, members of the Commis-
sion shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are al-
lowed expenses under section 5703(b) of title 5, United
States Code.
SEC. 607. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF.
The appropriate executive departments and agencies
shall cooperate with the Commission in expeditiously pro-
viding to the Commission members and staff appropriate
security clearances in a manner consistent with existing
procedures and requirements, except that no person shall
be provided with access to classified information under
this section who would not otherwise qualify for such secu-
rity clearance.
SEC. 608. REPORTS OF THE COMMISSION; TERMINATION.
(a) INITIAL REPORT.—Not later than 1 year after
the date of the first meeting of the Commission, the Com-
mission shall submit to the President and Congress an ini-
tial report containing—
(1) 
such 
findings, 
conclusions, 
and 
rec-
ommendations for corrective measures as have been
agreed to by a majority of Commission members;
and
(2) 
such 
findings, 
conclusions, 
and 
rec-
ommendations regarding the scope of jurisdiction of,
and the allocation of jurisdiction among, the com-
mittees of Congress with oversight responsibilities
related to the scope of the investigation of the Com-
mission as have been agreed to by a majority of
Commission members.
(b) FINAL REPORT.—Not later than 6 months after
the submission of the initial report of the Commission, the
Commission shall submit to the President and Congress
a final report containing such updated findings, conclu-
sions, and recommendations described in paragraphs (1)
and (2) of subsection (a) as have been agreed to by a ma-
jority of Commission members.
(c) 
NONINTERFERENCE
WITH
CONGRESSIONAL
JOINT INQUIRY.—Notwithstanding subsection (a), the
Commission shall not submit any report of the Commis-
sion until a reasonable period after the conclusion of the
Joint Inquiry of the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intel-
ligence of the House of Representatives regarding the ter-
rorist attacks against the United States which occurred
on September 11, 2001.
(d) TERMINATION.—
(1) IN GENERAL.—The Commission, and all the
authorities of this title, shall terminate 60 days after
the date on which the final report is submitted
under subsection (b).
(2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
MINATION.—The Commission may use the 60-day
period referred to in paragraph (1) for the purpose
of concluding its activities, including providing testi-
mony to committees of Congress concerning its re-
ports and disseminating the second report.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Com-
mission to carry out this title $3,000,000, to remain avail-
able until expended.
TITLE VII—INFORMATION
SHARING
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Homeland Security
Information Sharing Act’’.
SEC. 702. FINDINGS AND SENSE OF CONGRESS.
(a) FINDINGS.—The Congress finds the following:
(1) The Federal Government is required by the
Constitution to provide for the common defense,
which includes terrorist attack.
(2) The Federal Government relies on State
and local personnel to protect against terrorist at-
tack.
(3) The Federal Government collects, creates,
manages, and protects classified and sensitive but
unclassified information to enhance homeland secu-
rity.
(4) Some homeland security information is
needed by the State and local personnel to prevent
and prepare for terrorist attack.
(5) The needs of State and local personnel to
have access to relevant homeland security informa-
tion to combat terrorism must be reconciled with the
need to preserve the protected status of such infor-
mation and to protect the sources and methods used
to acquire such information.
(6) Granting security clearances to certain
State and local personnel is one way to facilitate the
sharing of information regarding specific terrorist
threats among Federal, State, and local levels of
government.
(7) Methods exist to declassify, redact, or other-
wise adapt classified information so it may be shared
with State and local personnel without the need for
granting additional security clearances.
(8) State and local personnel have capabilities
and opportunities to gather information on sus-
picious activities and terrorist threats not possessed
by Federal agencies.
(9) The Federal Government and State and
local governments and agencies in other jurisdictions
may benefit from such information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency
preparation and response agencies must act in part-
nership to maximize the benefits of information
gathering and analysis to prevent and respond to
terrorist attacks.
(11) Information systems, including the Na-
tional Law Enforcement Telecommunications Sys-
tem and the Terrorist Threat Warning System, have
been established for rapid sharing of classified and
sensitive but unclassified information among Fed-
eral, State, and local entities.
(12) Increased efforts to share homeland secu-
rity information should avoid duplicating existing in-
formation systems.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal, State, and local entities should share
homeland security information to the maximum extent
practicable, with special emphasis on hard-to-reach urban
and rural communities.
SEC. 703. FACILITATING HOMELAND SECURITY INFORMA-
TION SHARING PROCEDURES.
(a) PROCEDURES FOR DETERMINING EXTENT OF
SHARING OF HOMELAND SECURITY INFORMATION.—
(1) The President shall prescribe and imple-
ment procedures under which relevant Federal agen-
cies determine—
(A) whether, how, and to what extent
homeland security information may be shared
with appropriate State and local personnel, and
with which such personnel it may be shared;
(B) how to identify and safeguard home-
land security information that is sensitive but
unclassified; and
(C) to the extent such information is in
classified form, whether, how, and to what ex-
tent to remove classified information, as appro-
priate, and with which such personnel it may be
shared after such information is removed.
(2) The President shall ensure that such proce-
dures apply to all agencies of the Federal Govern-
ment.
(3) Such procedures shall not change the sub-
stantive requirements for the classification and safe-
guarding of classified information.
(4) Such procedures shall not change the re-
quirements and authorities to protect sources and
methods.
(b) PROCEDURES FOR SHARING OF HOMELAND SE-
CURITY INFORMATION.—
(1) Under procedures prescribed by the Presi-
dent, all appropriate agencies, including the intel-
ligence community, shall, through information shar-
ing systems, share homeland security information
with appropriate State and local personnel to the ex-
tent such information may be shared, as determined
in accordance with subsection (a), together with as-
sessments of the credibility of such information.
(2) Each information sharing system through
which information is shared under paragraph (1)
shall—
(A) have the capability to transmit unclas-
sified or classified information, though the pro-
cedures and recipients for each capability may
differ;
(B) have the capability to restrict delivery
of information to specified subgroups by geo-
graphic location, type of organization, position
of a recipient within an organization, or a re-
cipient’s need to know such information;
(C) be configured to allow the efficient and
effective sharing of information; and
(D) be accessible to appropriate State and
local personnel.
(3) The procedures prescribed under paragraph
(1) shall establish conditions on the use of informa-
tion shared under paragraph (1)—
(A) to limit the redissemination of such in-
formation to ensure that such information is
not used for an unauthorized purpose;
(B) to ensure the security and confiden-
tiality of such information;
(C) to protect the constitutional and statu-
tory rights of any individuals who are subjects
of such information; and
(D) to provide data integrity through the
timely removal and destruction of obsolete or
erroneous names and information.
(4) The procedures prescribed under paragraph
(1) shall ensure, to the greatest extent practicable,
that the information sharing system through which
information is shared under such paragraph include
existing information sharing systems, including, but
not limited to, the National Law Enforcement Tele-
communications System, the Regional Information
Sharing System, and the Terrorist Threat Warning
System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as deter-
mined by the President, shall have access to each in-
formation sharing system through which information
is shared under paragraph (1), and shall therefore
have access to all information, as appropriate,
shared under such paragraph.
(6) The procedures prescribed under paragraph
(1) shall ensure that appropriate State and local
personnel are authorized to use such information
sharing systems—
(A) to access information shared with such
personnel; and
(B) to share, with others who have access
to such information sharing systems, the home-
land security information of their own jurisdic-
tions, which shall be marked appropriately as
pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the
Director of Central Intelligence and the Attorney
General, each appropriate Federal agency, as deter-
mined by the President, shall review and assess the
information shared under paragraph (6) and inte-
grate such information with existing intelligence.
(c) SHARING
OF CLASSIFIED INFORMATION
AND
SENSITIVE
BUT
UNCLASSIFIED
INFORMATION
WITH
STATE AND LOCAL PERSONNEL.—
(1) The President shall prescribe procedures
under which Federal agencies may, to the extent the
President considers necessary, share with appro-
priate State and local personnel homeland security
information that remains classified or otherwise pro-
tected after the determinations prescribed under the
procedures set forth in subsection (a).
(2) It is the sense of Congress that such proce-
dures may include one or more of the following
means:
(A) Carrying out security clearance inves-
tigations with respect to appropriate State and
local personnel.
(B) With respect to information that is
sensitive but unclassified, entering into non-
disclosure agreements with appropriate State
and local personnel.
(C) Increased use of information-sharing
partnerships that include appropriate State and
local personnel, such as the Joint Terrorism
Task Forces of the Federal Bureau of Inves-
tigation, the Anti-Terrorism Task Forces of the
Department of Justice, and regional Terrorism
Early Warning Groups.
(d) RESPONSIBLE OFFICIALS.—For each affected
Federal agency, the head of such agency shall designate
an official to administer this Act with respect to such
agency.
(e) FEDERAL CONTROL OF INFORMATION.—Under
procedures prescribed under this section, information ob-
tained by a State or local government from a Federal
agency under this section shall remain under the control
of the Federal agency, and a State or local law authorizing
or requiring such a government to disclose information
shall not apply to such information.
(f) DEFINITIONS.—As used in this section:
(1) The term ‘‘homeland security information’’
means any information (other than information that
includes individually identifiable information col-
lected solely for statistical purposes) possessed by a
Federal, State, or local agency that—
(A) relates to the threat of terrorist activ-
ity;
(B) relates to the ability to prevent, inter-
dict, or disrupt terrorist activity;
(C) would improve the identification or in-
vestigation of a suspected terrorist or terrorist
organization; or
(D) would improve the response to a ter-
rorist act.
(2) The term ‘‘intelligence community’’ has the
meaning given such term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)).
(3) The term ‘‘State and local personnel’’
means any of the following persons involved in pre-
vention, preparation, or response for terrorist attack:
(A) State Governors, mayors, and other lo-
cally elected officials.
(B) State and local law enforcement per-
sonnel and firefighters.
(C) Public health and medical profes-
sionals.
(D) Regional, State, and local emergency
management agency personnel, including State
adjutant generals.
(E) Other appropriate emergency response
agency personnel.
(F) Employees of private-sector entities
that affect critical infrastructure, cyber, eco-
nomic, or public health security, as designated
by the Federal government in procedures devel-
oped pursuant to this section.
(4) The term ‘‘State’’ includes the District of
Columbia and any commonwealth, territory, or pos-
session of the United States.
SEC. 704. REPORT.
(a) REPORT REQUIRED.—Not later than 12 months
after the date of the enactment of this Act, the President
shall submit to the congressional committees specified in
subsection (b) a report on the implementation of section
703. The report shall include any recommendations for ad-
ditional measures or appropriation requests, beyond the
requirements of section 703, to increase the effectiveness
of sharing of information between and among Federal,
State, and local entities.
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The
congressional committees referred to in subsection (a) are
the following committees:
(1) The Permanent Select Committee on Intel-
ligence and the Committee on the Judiciary of the
House of Representatives.
(2) The Select Committee on Intelligence and
the Committee on the Judiciary of the Senate.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out section 703.
SEC. 706. AUTHORITY TO SHARE GRAND JURY INFORMA-
TION.
Rule 6(e) of the Federal Rules of Criminal Procedure
is amended—
(1) in paragraph (2), by inserting ‘‘, or of
guidelines jointly issued by the Attorney General and
Director of Central Intelligence pursuant to Rule 6,’’
after ‘‘Rule 6’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)(ii), by inserting
‘‘or of a foreign government’’ after ‘‘(including
personnel of a state or subdivision of a state’’;
(B) in subparagraph (C)(i)—
(i) in subclause (I), by inserting be-
fore the semicolon the following: ‘‘or, upon
a request by an attorney for the govern-
ment, when sought by a foreign court or
prosecutor for use in an official criminal
investigation’’;
(ii) in subclause (IV)—
(I) by inserting ‘‘or foreign’’
after ‘‘may disclose a violation of
State’’;
(II) by inserting ‘‘or of a foreign
government’’ after ‘‘to an appropriate
official of a State or subdivision of a
State’’; and
(III) by striking ‘‘or’’ at the end;
(iii) by striking the period at the end
of subclause (V) and inserting ‘‘; or’’; and
(iv) by adding at the end the fol-
lowing:
‘‘(VI) when matters involve a threat
of actual or potential attack or other grave
hostile acts of a foreign power or an agent
of a foreign power, domestic or inter-
national sabotage, domestic or inter-
national terrorism, or clandestine intel-
ligence gathering activities by an intel-
ligence service or network of a foreign
power or by an agent of a foreign power,
within the United States or elsewhere, to
any appropriate federal, state, local, or for-
eign government official for the purpose of
preventing or responding to such a
threat.’’; and
(C) in subparagraph (C)(iii)—
(i) by striking ‘‘Federal’’;
(ii) by inserting ‘‘or clause (i)(VI)’’
after ‘‘clause (i)(V)’’; and
(iii) by adding at the end the fol-
lowing: ‘‘Any state, local, or foreign official
who receives information pursuant to
clause (i)(VI) shall use that information
only consistent with such guidelines as the
Attorney General and Director of Central
Intelligence shall jointly issue.’’.
SEC. 707. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND
ORAL INTERCEPTION INFORMATION.
Section 2517 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(7) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties, who
by any means authorized by this chapter, has obtained
knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may dis-
close such contents or derivative evidence to a foreign in-
vestigative or law enforcement officer to the extent that
such disclosure is appropriate to the proper performance
of the official duties of the officer making or receiving the
disclosure, and foreign investigative or law enforcement of-
ficers may use or disclose such contents or derivative evi-
dence to the extent such use or disclosure is appropriate
to the proper performance of their official duties.
‘‘(8) Any investigative or law enforcement officer, or
other Federal official in carrying out official duties, who
by any means authorized by this chapter, has obtained
knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may dis-
close such contents or derivative evidence to any appro-
priate Federal, State, local, or foreign government official
to the extent that such contents or derivative evidence re-
veals a threat of actual or potential attack or other grave
hostile acts of a foreign power or an agent of a foreign
power, domestic or international sabotage, domestic or
international terrorism, or clandestine intelligence gath-
ering activities by an intelligence service or network of a
foreign power or by an agent of a foreign power, within
the United States or elsewhere, for the purpose of pre-
venting or responding to such a threat. Any official who
receives information pursuant to this provision may use
that information only as necessary in the conduct of that
person’s official duties subject to any limitations on the
unauthorized disclosure of such information, and any
State, local, or foreign official who receives information
pursuant to this provision may use that information only