H. R. 4628—2
Sec. 322. Modification of excepted agency voluntary leave transfer authority.
Sec. 323. Sense of Congress on diversity in the workforce of intelligence community
agencies.
Sec. 324. Annual report on hiring and retention of minority employees in the intel-
ligence community.
Sec. 325. Report on establishment of a Civilian Linguist Reserve Corps.
Subtitle D—Education
Sec. 331. Scholarships and work-study for pursuit of graduate degrees in science
and technology.
Sec. 332. Cooperative relationship between the National Security Education Pro-
gram and the Foreign Language Center of the Defense Language Insti-
tute.
Sec. 333. Establishment of National Flagship Language Initiative within the Na-
tional Security Education Program.
Sec. 334. Report on the National Security Education Program.
Subtitle E—Terrorism
Sec. 341. Foreign Terrorist Asset Tracking Center.
Sec. 342. Semiannual report on financial intelligence on terrorist assets (FITA).
Sec. 343. Terrorist Identification Classification System.
Subtitle F—Other Matters
Sec. 351. Additional one-year suspension of reorganization of Diplomatic Tele-
communications Service Program Office.
Sec. 352. Standardized transliteration of names into the Roman alphabet.
Sec. 353. Definition of congressional intelligence committees in National Security
Act of 1947.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Two-year extension of Central Intelligence Agency Voluntary Separation
Pay Act.
Sec. 402. Implementation of compensation reform plan.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Use of funds for counterdrug and counterterrorism activities for Colom-
bia.
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. Purposes.
Sec. 603. Composition of Commission.
Sec. 604. Functions of Commission.
Sec. 605. Powers of Commission.
Sec. 606. Nonapplicability of Federal Advisory Committee Act.
Sec. 607. Staff of Commission.
Sec. 608. Compensation and travel expenses.
Sec. 609. Security clearances for Commission members and staff.
Sec. 610. Reports of Commission; termination.
Sec. 611. Funding.
TITLE VII—INFORMATION SHARING
Sec. 701. Short title.
Sec. 702. Findings and sense of Congress.
Sec. 703. Facilitating homeland security information sharing procedures.
Sec. 704. Report.
Sec. 705. Authorization of appropriations.
Sec. 706. Coordination provision.
TITLE VIII—REPORTING REQUIREMENTS
Subtitle A—Overdue Reports
Sec. 801. Deadline for submittal of various overdue reports.
Subtitle B—Submittal of Reports to Intelligence Committees
Sec. 811. Dates for submittal of various annual and semiannual reports to the con-
gressional intelligence committees.
H. R. 4628—3
Subtitle C—Recurring Annual Reports
Sec. 821. Annual report on threat of attack on the United States using weapons of
mass destruction.
Sec. 822. Annual report on covert leases.
Sec. 823. Annual report on improvement of financial statements of certain elements
of the intelligence community for auditing purposes.
Sec. 824. Annual report on activities of Federal Bureau of Investigation personnel
outside the United States.
Sec. 825. Annual reports of inspectors general of the intelligence community on
proposed resources and activities of their offices.
Sec. 826. Annual report on counterdrug intelligence matters.
Sec. 827. Annual report on foreign companies involved in the proliferation of weap-
ons of mass destruction that raise funds in the United States capital
markets.
Subtitle D—Other Reports
Sec. 831. Report on effect of country-release restrictions on allied intelligence-shar-
ing relationships.
Sec. 832. Evaluation of policies and procedures of Department of State on protec-
tion of classified information at department headquarters.
Subtitle E—Repeal of Certain Report Requirements
Sec. 841. Repeal of certain report requirements.
TITLE IX—COUNTERINTELLIGENCE ACTIVITIES
Sec. 901. Short title; purpose.
Sec. 902. National Counterintelligence Executive.
Sec. 903. National Counterintelligence Policy Board.
Sec. 904. Office of the National Counterintelligence Executive.
TITLE X—NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DE-
VELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE COM-
MUNITY
Sec. 1001. Findings.
Sec. 1002. National Commission for the Review of the Research and Development
Programs of the United States Intelligence Community.
Sec. 1003. Powers of Commission.
Sec. 1004. Staff of Commission.
Sec. 1005. Compensation and travel expenses.
Sec. 1006. Treatment of information relating to national security.
Sec. 1007. Final report; termination.
Sec. 1008. Assessments of final report.
Sec. 1009. Inapplicability of certain administrative provisions.
Sec. 1010. Funding.
Sec. 1011. Definitions.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2003 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Govern-
ment:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
H. R. 4628—4
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—
The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 2003,
for the conduct of the intelligence and intelligence-related activities
of the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on H.R. 4628 of the One Hundred Seventh Con-
gress.
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—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 approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian per-
sonnel in excess of the number authorized for fiscal year 2003
under section 102 when the Director of Central Intelligence deter-
mines that such action is necessary to the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed
2 percent of the number of civilian personnel authorized under
such section for such element.
(b) NOTICE
TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall notify promptly the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate whenever the
Director exercises the authority granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of Central Intelligence for fiscal year 2003
the sum of $158,254,000. Within such amount, funds identified
in the classified Schedule of Authorizations referred to in section
102(a) for advanced research and development shall remain avail-
able until September 30, 2004.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Intelligence Community Management Account of the Director of
Central Intelligence are authorized 322 full-time personnel as of
September 30, 2003. Personnel serving in such elements may be
permanent employees of the Intelligence Community Management
Account or personnel detailed from other elements of the United
States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence Commu-
nity Management Account for fiscal year 2003 such additional
H. R. 4628—5
amounts as are specified in the classified Schedule of Authoriza-
tions referred to in section 102(a). Such additional amounts
for research and development shall remain available until Sep-
tember 30, 2004.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the per-
sonnel authorized by subsection (b) for elements of the Intel-
ligence 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 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 Intelligence
Community Management Account from another element of the
United States Government shall be detailed on a reimbursable
basis, except that any such officer, employee, or member may be
detailed on a nonreimbursable basis for a period of less than one
year for the performance of temporary functions as required by
the Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated in subsection (a), $34,100,000 shall be available for
the National Drug Intelligence Center. Within such amount,
funds provided for research, development, testing, and evalua-
tion purposes shall remain available until September 30, 2004,
and funds provided for procurement purposes shall remain
available until September 30, 2005.
(2) TRANSFER OF FUNDS.—The Director of Central Intel-
ligence shall transfer to the Attorney General funds available
for the National Drug Intelligence Center under paragraph
(1). The Attorney General shall utilize funds so transferred
for the activities of the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 2002.
(a) AUTHORIZATION.—Amounts authorized to be appropriated
for fiscal year 2002 under section 101 of the Intelligence Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–108) for the conduct
of the intelligence activities of elements of the United States
Government listed in such section are hereby increased, with respect
to any such authorized amount, by the amount by which appropria-
tions 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), including section 304 of
such Act (115 Stat. 2300).
(2) The 2002 Supplemental Appropriations Act for Further
Recovery From and Response To Terrorist Attacks on the
United States (Public Law 107–206), for such amounts as are
H. R. 4628—6
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
(b) RATIFICATION.—For purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure
of those amounts deemed to have been specifically authorized by
the Acts referred to in subsection (a) is hereby ratified and con-
firmed.
SEC. 106. ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FOR
INTELLIGENCE FOR THE WAR ON TERRORISM.
(a) IN
GENERAL.—Subject to subsection (b), the amounts
requested in the letter dated July 3, 2002, of the President to
the Speaker of the House of Representatives, related to the Defense
Emergency Response Fund and that are designated for the incre-
mental costs of intelligence and intelligence-related activities for
the war on terrorism are authorized.
(b) LIMITATIONS.—The amounts referred to in subsection (a)—
(1) are authorized only for activities directly related to
identifying, responding to, or protecting against acts or threat-
ened acts of terrorism;
(2) are not authorized to correct programmatic or fiscal
deficiencies in major acquisition programs which will not
achieve initial operational capabilities within two years of the
date of the enactment of this Act; and
(3) are not available until the end of the 10-day period
that begins on the date written notice is provided to the Select
Committee on Intelligence and the Committee on Appropria-
tions of the Senate and the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the House
of Representatives.
SEC. 107. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE
OR INTELLIGENCE-RELATED ACTIVITIES FOR WHICH
FISCAL YEAR 2003 APPROPRIATIONS EXCEED AMOUNTS
AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related
activity for fiscal year 2003 in excess of the amount specified for
such activity in the classified Schedule of Authorizations prepared
to accompany this Act shall be deemed to be specifically authorized
by Congress for purposes of section 504(a)(3) of the National Secu-
rity Act of 1947 (50 U.S.C. 414(a)(3)).
SEC. 108. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL.—Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the
bill H.R. 4628 of the One Hundred Seventh Congress, or in the
classified annex to this Act, is hereby incorporated into this Act,
and is hereby made a requirement in law.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
H. R. 4628—7
SEC. 109. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS,
STUDIES, AND PLANS RELATING TO INTELLIGENCE
ACTIVITIES OF DEPARTMENT OF DEFENSE OR DEPART-
MENT OF ENERGY.
(a) CONSULTATION IN PREPARATION.—(1) The Director of Central
Intelligence shall ensure that any report, review, study, or plan
required to be prepared or conducted by a provision of this Act,
including a provision of the classified Schedule of Authorizations
referred to in section 102(a) or the classified annex to this Act,
that involves the intelligence or intelligence-related activities of
the Department of Defense or the Department of Energy is prepared
or conducted in consultation with the Secretary of Defense or the
Secretary of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may
carry out any consultation required by this subsection through
an official of the Department of Defense or the Department of
Energy, as the case may be, designated by such Secretary for
that purpose.
(b) SUBMITTAL.—Any report, review, study, or plan referred
to in subsection (a) shall be submitted, in addition to any other
committee of Congress specified for submittal in the provision con-
cerned, to the following committees of Congress:
(1) The Committees on Armed Services and Appropriations
and the Select Committee on Intelligence of the Senate.
(2) The Committees on Armed Services and Appropriations
and the Permanent Select Committee on Intelligence of the
House of Representatives.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY 
RETIREMENT 
AND 
DIS-
ABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 2003
the sum of $222,500,000.
TITLE III—GENERAL PROVISIONS
Subtitle A—Recurring General Provisions
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retire-
ment, 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.
H. R. 4628—8
SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CON-
TRACTING.
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security
interests of the United States and consistent with operational and
security concerns related to the conduct of intelligence activities,
and where fiscally sound, should competitively award contracts
in a manner that maximizes the procurement of products properly
designated as having been made in the United States.
Subtitle B—Intelligence
SEC. 311. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PRO-
GRAM BUDGET AMOUNTS FOR COUNTERTERRORISM,
COUNTERPROLIFERATION, COUNTERNARCOTICS, AND
COUNTERINTELLIGENCE.
(a) IN GENERAL.—Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.) is amended by adding at the end the
following new section:
‘‘SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET
AMOUNTS
FOR
COUNTERTERRORISM, 
COUNTERPROLIFERATION,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE
‘‘SEC. 506. (a) IN GENERAL.—The budget justification materials
submitted to Congress in support of the budget of the President
for a fiscal year that is submitted to Congress under section 1105(a)
of title 31, United States Code, shall set forth separately the aggre-
gate amount requested for that fiscal year for the National Foreign
Intelligence Program for each of the following:
‘‘(1) Counterterrorism.
‘‘(2) Counterproliferation.
‘‘(3) Counternarcotics.
‘‘(4) Counterintelligence.
‘‘(b) ELECTION
OF
CLASSIFIED
OR
UNCLASSIFIED
FORM.—
Amounts set forth under subsection (a) may be set forth in unclassi-
fied form or classified form, at the election of the Director of
Central Intelligence.’’.
(b) CLERICAL AMENDMENT.—The table of sections for that Act
is amended by inserting after the item relating to section 505
the following new item:
‘‘Sec. 506. Specificity of National Foreign Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counter-
intelligence.’’.
SEC. 312. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR
INFORMATION SUBMITTED BY FOREIGN GOVERNMENTS.
Section 552(a)(3) of title 5, United States Code, is amended—
(1) in subparagraph (A) by inserting ‘‘and except as pro-
vided in subparagraph (E),’’ after ‘‘of this subsection,’’; and
(2) by adding at the end the following:
‘‘(E) An agency, or part of an agency, that is an element
of the intelligence community (as that term is defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)))
shall not make any record available under this paragraph to—
H. R. 4628—9
‘‘(i) any government entity, other than a State, territory,
commonwealth, or district of the United States, or any subdivi-
sion thereof; or
‘‘(ii) a representative of a government entity described in
clause (i).’’.
SEC. 313. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) ESTABLISHMENT.—The Director of Central Intelligence,
acting as the head of the intelligence community, shall establish
in the intelligence community an element with the function of
connecting the elements of the intelligence community engaged
in the acquisition, storage, translation, or analysis of voice or data
in digital form.
(b) DESIGNATION.—The element established under subsection
(a) shall be known as the National Virtual Translation Center.
(c) ADMINISTRATIVE MATTERS.—(1) The Director shall retain
direct supervision and control over the element established under
subsection (a).
(2) The element established under subsection (a) shall connect
elements of the intelligence community utilizing the most current
available information technology that is applicable to the function
of the element.
(d) DEADLINE FOR ESTABLISHMENT.—The element required by
subsection (a) shall be established as soon as practicable after
the date of the enactment of this Act, but not later than 90 days
after that date.
Subtitle C—Personnel
SEC. 321. STANDARDS AND QUALIFICATIONS FOR THE PERFORMANCE
OF INTELLIGENCE ACTIVITIES.
Section 104 of the National Security Act of 1947 (50 U.S.C.
403–4) is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) STANDARDS
AND QUALIFICATIONS
FOR PERFORMANCE
OF
INTELLIGENCE ACTIVITIES.—The Director, acting as the head of the
intelligence community, shall, in consultation with the heads of
effected agencies, develop standards and qualifications for persons
engaged in the performance of intelligence activities within the
intelligence community.’’.
SEC. 322. MODIFICATION OF EXCEPTED AGENCY VOLUNTARY LEAVE
TRANSFER AUTHORITY.
(a) IN GENERAL.—Section 6339 of title 5, United States Code,
is amended—
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by inserting after subsection (b) (as so redesignated
by paragraph (2)) the following:
‘‘(c)(1) Notwithstanding any provision of subsection (b), the
head of an excepted agency may, at his sole discretion, by regulation
establish a program under which an individual employed in or
under such excepted agency may participate in a leave transfer
program established under the provisions of this subchapter outside
of this section, including provisions permitting the transfer of
H. R. 4628—10
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 sub-
chapter outside of this section and with any regulations issued
by the Office of Personnel Management implementing this sub-
chapter.’’.
(b) CONFORMING AMENDMENTS.—Section 6339 of such title is
amended—
(1) in paragraph (2) of subsection (b) (as so redesignated
by subsection (a)(2)), by striking ‘‘under this section’’ and
inserting ‘‘under this subsection’’; and
(2) in subsection (d), by striking ‘‘of Personnel Manage-
ment’’.
SEC. 323. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE
OF INTELLIGENCE COMMUNITY AGENCIES.
(a) FINDINGS.—Congress finds the following:
(1) The United States is engaged in a war against terrorism
that requires the active participation of the intelligence commu-
nity.
(2) Certain intelligence agencies, among them the Federal
Bureau of Investigation and the Central Intelligence Agency,
have announced that they will be hiring several hundred new
agents to help conduct the war on terrorism.
(3) Former Directors of the Federal Bureau of Investigation,
the Central Intelligence Agency, the National Security Agency,
and the Defense Intelligence Agency have stated that a more
diverse intelligence community would be better equipped to
gather and analyze information on diverse communities.
(4) The Central Intelligence Agency and the National Secu-
rity Agency were authorized to establish an undergraduate
training program for the purpose of recruiting and training
minority operatives in 1987.
(5) The Defense Intelligence Agency was authorized to
establish an undergraduate training program for the purpose
of recruiting and training minority operatives in 1988.
(6) The National Imagery and Mapping Agency was author-
ized to establish an undergraduate training program for the
purpose of recruiting and training minority operatives in 2000.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Director of the Federal Bureau of Investigation
(with respect to the intelligence and intelligence-related activi-
ties of the Bureau), the Director of Central Intelligence, the
Director of the National Security Agency, and the Director
of the Defense Intelligence Agency should make the creation
of a more diverse workforce a priority in hiring decisions;
and
(2) the Director of Central Intelligence, the Director of
the National Security Agency, the Director of the Defense Intel-
ligence Agency, and the Director of the National Imagery and
Mapping Agency should increase their minority recruitment
efforts through the undergraduate training program provided
for under law.
H. R. 4628—11
SEC. 324. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY
EMPLOYEES IN THE INTELLIGENCE COMMUNITY.
Section 114 of the National Security Act of 1947 (50 U.S.C.
404i) is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(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 commu-
nity for the preceding fiscal year.
‘‘(2) Each such report shall include disaggregated data by cat-
egory of covered person from each element of the intelligence
community on the following:
‘‘(A) Of all individuals employed in the element during
the fiscal year involved, the aggregate percentage of such
individuals who are covered persons.
‘‘(B) Of all individuals employed in the element during
the fiscal year involved at the levels referred to in clauses
(i) and (ii), the percentage of covered persons employed at
such levels:
‘‘(i) Positions at levels 1 through 15 of the General
Schedule.
‘‘(ii) Positions at levels above GS–15.
‘‘(C) Of all individuals hired by the element involved during
the fiscal year involved, the percentage of such individuals
who are covered persons.
‘‘(3) Each such report shall be submitted in unclassified form,
but may contain a classified annex.
‘‘(4) Nothing in this subsection shall be construed as providing
for the substitution of any similar report required under another
provision of law.
‘‘(5) In this subsection, the term ‘covered persons’ means—
‘‘(A) racial and ethnic minorities;
‘‘(B) women; and
‘‘(C) individuals with disabilities.’’.
SEC. 325. REPORT ON ESTABLISHMENT OF A CIVILIAN LINGUIST
RESERVE CORPS.
(a) REPORT.—The Secretary of Defense, acting through the
Director of the National Security Education Program, shall prepare
a report on the feasibility of establishing a Civilian Linguist Reserve
Corps comprised of individuals with advanced levels of proficiency
in foreign languages who are United States citizens who would
be available upon a call of the President to perform such service
or duties with respect to such foreign languages in the Federal
Government as the President may specify. In preparing the report,
the Secretary shall consult with such organizations having expertise
in training in foreign languages as the Secretary determines appro-
priate.
(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 estab-
lish requirements for performance of duties and levels of pro-
ficiency in foreign languages of the members of the Civilian
H. R. 4628—12
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 deter-
mines appropriate.
(2) CONSIDERATION
OF
USE
OF
DEFENSE
LANGUAGE
INSTITUTE AND LANGUAGE REGISTRIES.—In developing the pro-
posal under paragraph (1), the Secretary shall consider the
appropriateness of using—
(A) the Defense Language Institute to conduct testing
for language skills proficiency and performance, and to
provide language refresher courses; and
(B) foreign language skill registries of the Department
of Defense or of other agencies or departments of the United
States to identify individuals with sufficient proficiency
in foreign languages.
(3) CONSIDERATION OF THE MODEL OF THE RESERVE COMPO-
NENTS
OF
THE
ARMED
FORCES.—In developing the proposal
under paragraph (1), the Secretary shall consider the provisions
of title 10, United States Code, establishing and governing
service in the Reserve Components of the Armed Forces, as
a model for the Civilian Linguist Reserve Corps.
(c) COMPLETION OF REPORT.—Not later than 6 months after
the date of the enactment of this Act, the Secretary shall submit
to Congress the report prepared under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Defense $300,000 to carry
out this section.
Subtitle D—Education
SEC. 331. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRAD-
UATE DEGREES IN SCIENCE AND TECHNOLOGY.
(a) PROGRAM AUTHORIZED.—The National Security Act of 1947
is amended—
(1) by redesignating title X as title XI;
(2) by redesignating section 1001 as section 1101; and
(3) by inserting after title IX the following new title X:
‘‘TITLE X—EDUCATION IN SUPPORT OF NATIONAL
INTELLIGENCE
‘‘SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE
DEGREES IN SCIENCE AND TECHNOLOGY
‘‘SEC. 1001. (a) PROGRAM AUTHORIZED.—The Director of Central
Intelligence may carry out a program to provide scholarships and
work-study for individuals who are pursuing graduate degrees in
fields of study in science and technology that are identified by
the Director as appropriate to meet the future needs of the intel-
ligence community for qualified scientists and engineers.
‘‘(b) ADMINISTRATION.—If the Director carries out the program
under subsection (a), the Director shall administer the program
through the Assistant Director of Central Intelligence for Adminis-
tration.
‘‘(c) IDENTIFICATION OF FIELDS OF STUDY.—If the Director car-
ries out the program under subsection (a), the Director shall identify
H. R. 4628—13
fields of study under subsection (a) in consultation with the other
heads of the elements of the intelligence community.
‘‘(d) ELIGIBILITY FOR PARTICIPATION.—An individual eligible to
participate in the program is any individual who—
‘‘(1) either—
‘‘(A) is an employee of the intelligence community;
or
‘‘(B) meets criteria for eligibility for employment in
the intelligence community that are established by the
Director;
‘‘(2) is accepted in a graduate degree program in a field
of study in science or technology identified under subsection
(a); and
‘‘(3) is eligible for a security clearance at the level of Secret
or above.
‘‘(e) REGULATIONS.—If the Director carries out the program
under subsection (a), the Director shall prescribe regulations for
purposes of the administration of this section.’’.
(b) CLERICAL
AMENDMENT.—The table of sections for the
National Security Act of 1947 is amended by striking the items
relating to title X and section 1001 and inserting the following
new items:
‘‘TITLE X—EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
‘‘Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science
and technology.
‘‘TITLE XI—OTHER PROVISIONS
‘‘Sec. 1101. Applicability to United States intelligence activities of Federal laws im-
plementing international treaties and agreements.’’.
SEC. 332. COOPERATIVE RELATIONSHIP BETWEEN THE NATIONAL
SECURITY EDUCATION PROGRAM AND THE FOREIGN
LANGUAGE 
CENTER 
OF 
THE 
DEFENSE 
LANGUAGE
INSTITUTE.
Section 802 of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1902) is amended by adding at the end
the following new subsection:
‘‘(h) USE
OF AWARDS TO ATTEND
THE FOREIGN LANGUAGE
CENTER OF THE DEFENSE LANGUAGE INSTITUTE.—(1) The Secretary
shall provide for the admission of award recipients to the Foreign
Language Center of the Defense Language Institute (hereinafter
in this subsection referred to as the ‘Center’). An award recipient
may apply a portion of the applicable scholarship or fellowship
award for instruction at the Center on a space-available basis
as a Department of Defense sponsored program to defray the addi-
tive 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, dis-
charge, and dismissal as apply to other persons attending the
Center.
‘‘(3) In this subsection, the term ‘award recipient’ means an
undergraduate student who has been awarded a scholarship under
subsection (a)(1)(A) or a graduate student who has been awarded
a fellowship under subsection (a)(1)(B) who—
‘‘(A) is in good standing;
‘‘(B) has completed all academic study in a foreign country,
as provided for under the scholarship or fellowship; and
H. R. 4628—14
‘‘(C) would benefit from instruction provided at the
Center.’’.
SEC. 333. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIA-
TIVE WITHIN THE NATIONAL SECURITY EDUCATION PRO-
GRAM.
(a) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—
(1) EXPANSION OF GRANT PROGRAM AUTHORITY.—Subsection
(a)(1) of section 802 of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (B)(ii);
(B) by striking the period at the end of subparagraph
(C) and inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(D) awarding grants to institutions of higher education
to carry out activities under the National Flagship Lan-
guage Initiative (described in subsection (i)).’’.
(2) PROVISIONS OF NATIONAL FLAGSHIP LANGUAGE INITIA-
TIVE.—Such section, as amended by section 332, is further
amended by adding at the end the following new subsection:
‘‘(i) NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—(1) Under the
National Flagship Language Initiative, institutions of higher edu-
cation shall establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve
advanced levels of proficiency in those foreign languages that the
Secretary identifies as being the most critical in the interests of
the national security of the United States.
‘‘(2) An undergraduate student who has been awarded a scholar-
ship under subsection (a)(1)(A) or a graduate student who has
been awarded a fellowship under subsection (a)(1)(B) may partici-
pate in the activities carried out under the National Flagship Lan-
guage Initiative.
‘‘(3) An institution of higher education that receives a grant
pursuant to subsection (a)(1)(D) shall give special consideration
to applicants who are employees of the Federal Government.
‘‘(4) For purposes of this subsection, the Foreign Language
Center of the Defense Language Institute and any other educational
institution that provides training in foreign languages operated
by the Department of Defense or an agency in the intelligence
community is deemed to be an institution of higher education,
and may carry out the types of activities permitted under the
National Flagship Language Initiative.’’.
(3) INAPPLICABILITY OF FUNDING ALLOCATION RULES.—Sub-
section (a)(2) of such section is amended by adding at the
end the following flush sentences:
‘‘The funding allocation under this paragraph shall not apply
to grants under paragraph (1)(D) for the National Flagship
Language Initiative described in subsection (i). For the
authorization of appropriations for the National Flagship Lan-
guage Initiative, see section 811.’’.
(4) BOARD REQUIREMENT.—Section 803(d)(4) of such Act
(50 U.S.C. 1903(d)(4)) is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘; and’’; and
H. R. 4628—15
(C) by adding at the end the following new subpara-
graph:
‘‘(E) which foreign languages are critical to the national
security interests of the United States for purposes of sec-
tion 802(a)(1)(D) (relating to grants for the National Flag-
ship Language Initiative).’’.
(b) FUNDING.—The David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at
the end the following new section:
‘‘SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF APPROPRIA-
TIONS.
‘‘(a) IN GENERAL.—In addition to amounts that may be made
available to the Secretary under the Fund for a fiscal year, there
is authorized to be appropriated to the Secretary for each fiscal
year, beginning with fiscal year 2003, $10,000,000, to carry out
the grant program for the National Flagship Language Initiative
under section 802(a)(1)(D).
‘‘(b) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts appro-
priated pursuant to the authorization of appropriations under sub-
section (a) shall remain available until expended.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date the Secretary of Defense submits
the report required under section 334 of this Act and notifies
the appropriate committees of Congress (as defined in subsection
(c) of that section) that the programs carried out under the David
L. Boren National Security Education Act of 1991 are being man-
aged in a fiscally and programmatically sound manner.
(d) CONSTRUCTION.—Nothing in this section shall be construed
as affecting any program or project carried out under the David
L. Boren National Security Education Act of 1991 as in effect
on the date that precedes the date of the enactment of this Act.
SEC. 334. REPORT ON THE NATIONAL SECURITY EDUCATION PRO-
GRAM.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the appropriate committees of Congress a report on the matters
described in subsection (b) with respect to the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1901 et seq.).
(b) COVERED MATTERS.—The matters described in this sub-
section are as follows:
(1) EFFECTIVENESS
OF
PROGRAM.—An evaluation of the
National Security Education Program, including an assessment
of the effectiveness of the program in meeting its goals and
an assessment of the administrative costs of the program in
relation to the amounts of scholarships, fellowships, and grants
awarded.
(2) CONVERSION OF FUNDING.—An assessment of the advis-
ability of converting funding of the National Security Education
Program from funding through the National Security Education
Trust Fund under section 804 of that Act (50 U.S.C. 1904)
to funding through appropriations.
(3) RECOMMENDATIONS.—On any matter covered by para-
graph (1) or (2), such recommendations for legislation with
respect to such matter as the Secretary considers appropriate.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
H. R. 4628—16
(1) the Select Committee on Intelligence and the Commit-
tees on Armed Services and Appropriations of the Senate; and
(2) the Permanent Select Committee on Intelligence and
the Committees on Armed Services and Appropriations of the
House of Representatives.
Subtitle E—Terrorism
SEC. 341. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) ESTABLISHMENT.—The Director of Central Intelligence,
acting as the head of the intelligence community, shall establish
in the Central Intelligence Agency an element responsible for con-
ducting all-source intelligence analysis of information relating to
the financial capabilities, practices, and activities of individuals,
groups, and nations associated with international terrorism in their
activities relating to international terrorism.
(b) DESIGNATION.—The element established under subsection
(a) shall be known as the Foreign Terrorist Asset Tracking Center.
(c) DEADLINE FOR ESTABLISHMENT.—The element required by
subsection (a) shall be established as soon as practicable after
the date of the enactment of this Act, but not later than 90 days
after that date.
SEC. 342. SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON
TERRORIST ASSETS (FITA).
(a) SEMIANNUAL REPORT.—
(1) IN GENERAL.—Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding at the
end the following new section:
‘‘SEMIANNUAL REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST
ASSETS
‘‘SEC. 118. (a) SEMIANNUAL REPORT.—On a semiannual basis,
the Secretary of the Treasury (acting through the head of the
Office of Intelligence Support) shall submit a report to the appro-
priate congressional committees that fully informs the committees
concerning operations against terrorist financial networks. Each
such report shall include with respect to the preceding six-month
period—
‘‘(1) the total number of asset seizures, designations, and
other actions against individuals or entities found to have
engaged in financial support of terrorism;
‘‘(2) the total number of applications for asset seizure and
designations of individuals or entities suspected of having
engaged in financial support of terrorist activities that were
granted, modified, or denied;
‘‘(3) the total number of physical searches of offices, resi-
dences, or financial records of individuals or entities suspected
of having engaged in financial support for terrorist activity;
and
‘‘(4) whether the financial intelligence information seized
in these cases has been shared on a full and timely basis
with the all departments, agencies, and other entities of the
United States Government involved in intelligence activities
participating in the Foreign Terrorist Asset Tracking Center.
H. R. 4628—17
‘‘(b) IMMEDIATE NOTIFICATION FOR EMERGENCY DESIGNATION.—
In the case of a designation of an individual or entity, or the
assets of an individual or entity, as having been found to have
engaged in terrorist activities, the Secretary of the Treasury shall
report such designation within 24 hours of such a designation
to the appropriate congressional committees.
‘‘(c) SUBMITTAL DATE OF REPORTS TO CONGRESSIONAL INTEL-
LIGENCE COMMITTEES.—In the case of the reports required to be
submitted under subsection (a) to the congressional intelligence
committees, the submittal dates for such reports shall be as pro-
vided in section 507.
‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’ means
the following:
‘‘(1) The Permanent Select Committee on Intelligence, the
Committee on Appropriations, and the Committee on Financial
Services of the House of Representatives.
‘‘(2) The Select Committee on Intelligence, the Committee
on Appropriations, and the Committee on Banking, Housing,
and Urban Affairs of the Senate.’’.
(2) CLERICAL AMENDMENT.—The table of contents contained
in the first section of such Act is amended by inserting after
the item relating to section 117 the following new item:
‘‘Sec. 118. Semiannual report on financial intelligence on terrorist assets.’’.
(b) CONFORMING AMENDMENT.—Section 501(f) of the National
Security Act of 1947 (50 U.S.C. 413(f)) is amended by inserting
before the period the following: ‘‘, and includes financial intelligence
activities’’.
SEC. 343. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
(a) REQUIREMENT.—(1) The Director of Central Intelligence,
acting as head of the Intelligence Community, shall—
(A) establish and maintain a list of individuals who are
known or suspected international terrorists, and of organiza-
tions that are known or suspected international terrorist
organizations; and
(B) ensure that pertinent information on the list is shared
with the departments, agencies, and organizations described
by subsection (c).
(2) The list under paragraph (1), and the mechanisms for
sharing information on the list, shall be known as the ‘‘Terrorist
Identification Classification System’’.
(b) ADMINISTRATION.—(1) The Director shall prescribe require-
ments for the inclusion of an individual or organization on the
list required by subsection (a), and for the deletion or omission
from the list of an individual or organization currently on the
list.
(2) The Director shall ensure that the information utilized
to determine the inclusion, or deletion or omission, of an individual
or organization on or from the list is derived from all-source intel-
ligence.
(3) The Director shall ensure that the list is maintained in
accordance with existing law and regulations governing the collec-
tion, storage, and dissemination of intelligence concerning United
States persons.
H. R. 4628—18
(c) INFORMATION SHARING.—Subject to section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403–3(c)(6)), relating to
the protection of intelligence sources and methods, the Director
shall provide for the sharing of the list, and information on the
list, with such departments and agencies of the Federal Govern-
ment, State and local government agencies, and entities of foreign
governments and international organizations as the Director con-
siders appropriate.
(d) REPORTING
AND CERTIFICATION.—(1) The Director shall
review on an annual basis the information provided by various
departments and agencies for purposes of the list under subsection
(a) in order to determine whether or not the information so provided
is derived from the widest possible range of intelligence available
to such departments and agencies.
(2) The Director shall, as a result of each review under para-
graph (1), certify whether or not the elements of the intelligence
community responsible for the collection of intelligence related to
the list have provided information for purposes of the list that
is derived from the widest possible range of intelligence available
to such department and agencies.
(e) REPORT ON CRITERIA FOR INFORMATION SHARING.—(1) Not
later then March 1, 2003, the Director shall submit to the congres-
sional intelligence committees a report describing the criteria used
to determine which types of information on the list required by
subsection (a) are to be shared, and which types of information
are not to be shared, with various departments and agencies of
the Federal Government, State and local government agencies, and
entities of foreign governments and international organizations.
(2) The report shall include a description of the circumstances
in which the Director has determined that sharing information
on the list with the departments and agencies of the Federal
Government, and of State and local governments, described by
subsection (c) would be inappropriate due to the concerns addressed
by section 103(c)(6) of the National Security Act of 1947, relating
to the protection of sources and methods, and any instance in
which the sharing of information on the list has been inappropriate
in light of such concerns.
(f) SYSTEM ADMINISTRATION REQUIREMENTS.—(1) The Director
shall, to the maximum extent practicable, ensure the interoper-
ability of the Terrorist Identification Classification System with
relevant information systems of the departments and agencies of
the Federal Government, and of State and local governments,
described by subsection (c).
(2) The Director shall ensure that the System utilizes tech-
nologies that are effective in aiding the identification of individuals
in the field.
(g) REPORT ON STATUS OF SYSTEM.—(1) Not later than one
year after the date of the enactment of this Act, the Director
shall, in consultation with the Director of Homeland Security,
submit to the congressional intelligence committees a report on
the status of the Terrorist Identification Classification System. The
report shall contain a certification on the following:
(A) Whether the System contains the intelligence informa-
tion necessary to facilitate the contribution of the System to
the domestic security of the United States.
(B) Whether the departments and agencies having access
to the System have access in a manner that permits such
H. R. 4628—19
departments and agencies to carry out appropriately their
domestic security responsibilities.
(C) Whether the System is operating in a manner that
maximizes its contribution to the domestic security of the
United States.
(D) If a certification under subparagraph (A), (B), or (C)
is in the negative, the modifications or enhancements of the
System necessary to ensure a future certification in the positive.
(2) The report shall be submitted in unclassified form, but
may include a classified annex.
(h) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle F—Other Matters
SEC. 351. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION
OF DIPLOMATIC TELECOMMUNICATIONS SERVICE PRO-
GRAM OFFICE.
Section 311 of the Intelligence Authorization Act for Fiscal
Year 2002 (Public Law 107–108; 22 U.S.C. 7301 note; 115 Stat.
1401) is amended—
(1) in the heading, by striking ‘‘ONE-YEAR’’ and inserting
‘‘TWO-YEAR’’; and
(2) in the text, by striking ‘‘October 1, 2002’’ and inserting
‘‘October 1, 2003’’.
SEC. 352. STANDARDIZED TRANSLITERATION OF NAMES INTO THE
ROMAN ALPHABET.
(a) METHOD OF TRANSLITERATION REQUIRED.—Not later than
180 days after the date of the enactment of this Act, the Director
of Central Intelligence shall provide for a standardized method
for transliterating into the Roman alphabet personal and place
names originally rendered in any language that uses an alphabet
other than the Roman alphabet.
(b) USE
BY INTELLIGENCE COMMUNITY.—The Director shall
ensure the use of the method established under subsection (a)
in—
(1) all communications among the elements of the intel-
ligence community; and
(2) all intelligence products of the intelligence community.
SEC. 353. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMIT-
TEES IN NATIONAL SECURITY ACT OF 1947.
(a) IN GENERAL.—Section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended by adding at the end the following
new paragraph:
‘‘(7) The term ‘congressional intelligence committees’
means—
‘‘(A) the Select Committee on Intelligence of the Senate;
and
‘‘(B) the Permanent Select Committee on Intelligence
of the House of Representatives.’’.
H. R. 4628—20
(b) CONFORMING
AMENDMENTS.—(1) That Act is further
amended by striking ‘‘Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives’’ and inserting ‘‘congressional intelligence
committees’’ in each of the following provisions:
(A) Section 104(d)(4) (50 U.S.C. 403–4(d)(4)).
(B) Section 603(a) (50 U.S.C. 423(a)).
(2) That Act is further amended by striking ‘‘Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate’’ and inserting
‘‘congressional intelligence committees’’ in each of the following
provisions:
(A) Section 301(j) (50 U.S.C. 409a(j)).
(B) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(C) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking ‘‘intelligence
committees’’ and inserting ‘‘congressional intelligence committees’’
each place it appears in each of the following provisions:
(A) Section 501 (50 U.S.C. 413).
(B) Section 502 (50 U.S.C. 413a).
(C) Section 503 (50 U.S.C. 413b).
(D) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(4) Section 104(d)(5) of that Act (50 U.S.C. 403–4(d)(5)) is
amended by striking ‘‘Select Committee on Intelligence of the Senate
and to the Permanent Select Committee on Intelligence of the
House of Representatives’’ and inserting ‘‘congressional intelligence
committees’’.
(5) Section 105C(a)(3)(C) of that Act (50 U.S.C. 403–5c(a)(3)(C))
is amended—
(A) by striking clauses (i) and (ii) and inserting the fol-
lowing new clause (i):
‘‘(i) The congressional intelligence committees.’’; and
(B) by redesignating clauses (iii), (iv), (v), and (vi) as clauses
(ii), (iii), (iv), and (v), respectively.
(6) Section 114 of that Act (50 U.S.C. 404i), as amended by
section 324, is amended by striking subsection (d), as so redesig-
nated, and inserting the following new subsection (d):
‘‘(d) CONGRESSIONAL LEADERSHIP DEFINED.—In this section, the
term ‘congressional leadership’ means the Speaker and the minority
leader of the House of Representatives and the majority leader
and the minority leader of the Senate.’’.
(7) Section 501(a) of that Act (50 U.S.C. 413(a)), as amended
by paragraph (3) of this subsection, is further amended—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(8) Section 503(c)(4) of that Act (50 U.S.C. 413b(c)(4)) is
amended by striking ‘‘intelligence committee’’ and inserting
‘‘congressional intelligence committee’’.
(9) Section 602(c) of that Act (50 U.S.C. 422(c)) is amended
by striking ‘‘the Select Committee on Intelligence of the Senate
or to the Permanent Select Committee on Intelligence of the House
of Representatives’’ and inserting ‘‘either congressional intelligence
committee’’.
(10) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking ‘‘intelligence committees of the Congress’’ and
inserting ‘‘congressional intelligence committees’’.
H. R. 4628—21
TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY
VOLUNTARY SEPARATION PAY ACT.
Section 2 of the Central Intelligence Agency Voluntary Separa-
tion 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. IMPLEMENTATION OF COMPENSATION REFORM PLAN.
(a) DELAY
ON IMPLEMENTATION
ON COMPENSATION REFORM
PLAN.—(1) The Director of Central Intelligence may not implement
before the implementation date (described in paragraph (2)) a plan
for the compensation of employees of the Central Intelligence
Agency that differs from the plan in effect on October 1, 2002.
(2) The implementation date referred to in paragraph (1) is
February 1, 2004, or the date on which the Director submits to
the congressional intelligence committees a report on the pilot
project conducted under subsection (b), whichever is later.
(3) It is the sense of Congress that an employee performance
evaluation mechanism with evaluation training for managers and
employees of the Central Intelligence Agency should be phased
in before the implementation of any new compensation plan.
(b) PILOT PROJECT.—(1) The Director shall conduct a pilot
project to test the efficacy and fairness of a plan for the compensa-
tion of employees of the Central Intelligence Agency that differs
from the plan in effect on October 1, 2002, within any one compo-
nent of the Central Intelligence Agency selected by the Director,
other than a component for which a pilot project on employee
compensation has been previously conducted.
(2) The pilot project under paragraph (1) shall be conducted
for a period of at least 1 year.
(3) Not later than the date that is 45 days after the completion
of the pilot project under paragraph (1), the Director shall submit
to the congressional intelligence committees a report that contains
an evaluation of the project and such recommendations as the
Director considers appropriate for the modification of the plans
for the compensation of employees throughout the Agency which
are in effect on such date.
(c) SENSE OF CONGRESS ON IMPLEMENTATION OF COMPENSATION
REFORM PLAN FOR THE NATIONAL SECURITY AGENCY.—It is the
sense of Congress that—
(1) the Director of the National Security Agency should
not implement before February 1, 2004, a plan for the com-
pensation of employees of the National Security Agency that
differs from the plan in effect on October 1, 2002; and
(2) an employee performance evaluation mechanism with
evaluation training for managers and employees of the National
Security Agency should be phased in before the implementation
of any new compensation plan.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’ means
H. R. 4628—22
the Select Committee on Intelligence of the Senate and the Perma-
nent Select Committee on Intelligence of the House of Representa-
tives.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC. 
501. 
USE 
OF 
FUNDS 
FOR 
COUNTERDRUG 
AND
COUNTERTERRORISM ACTIVITIES FOR COLOMBIA.
(a) AUTHORITY.—Funds designated for intelligence or intel-
ligence-related purposes for assistance to the Government of
Colombia for counterdrug activities for fiscal years 2002 and 2003,
and any unobligated funds available to any element of the intel-
ligence community for such activities for a prior fiscal year, shall
be available to support a unified campaign against narcotics traf-
ficking and against activities by organizations designated as ter-
rorist 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 pro-
vided in subsection (a) shall not be exercised until the Secretary
of Defense certifies to the Congress that the provisions of paragraph
(2) have been complied with.
(2) In order to ensure the effectiveness of United States support
for such a unified campaign, prior to the exercise of the authority
contained in subsection (a), the Secretary of State shall report
to the appropriate committees of Congress that the newly elected
President of Colombia has—
(A) committed, in writing, to establish comprehensive
policies to combat illicit drug cultivation, manufacturing,
and trafficking (particularly with respect to providing eco-
nomic opportunities that offer viable alternatives to illicit
crops) and to restore government authority and respect
for human rights in areas under the effective control of
paramilitary and guerrilla organizations;
(B) committed, in writing, to implement significant
budgetary and personnel reforms of the Colombian Armed
Forces; and
(C) committed, in writing, to support substantial addi-
tional Colombian financial and other resources to imple-
ment such policies and reforms, particularly to meet the
country’s previous commitments under ‘‘Plan Colombia’’.
In this paragraph, the term ‘‘appropriate committees of Congress’’
means the Permanent Select Committee on Intelligence and the
Committees on Appropriations and Armed Services of the House
of Representatives and the Select Committee on Intelligence and
the Committees on Appropriations and Armed Services of the
Senate.
(c) TERMINATION OF AUTHORITY.—The authority provided in
subsection (a) shall cease to be effective if the Secretary of Defense
has credible evidence that the Colombian Armed Forces are not
conducting vigorous operations to restore government authority and
respect for human rights in areas under the effective control of
paramilitary and guerrilla organizations.
H. R. 4628—23
(d) APPLICATION
OF CERTAIN PROVISIONS
OF LAW.—Sections
556, 567, and 568 of Public Law 107–115, section 8093 of the
Department of Defense Appropriations Act, 2002, and the numerical
limitations on the number of United States military personnel and
United States individual civilian contractors in section 3204(b)(1)
of Public Law 106–246 shall be applicable to funds made available
pursuant to the authority contained in subsection (a).
(e) LIMITATION
ON PARTICIPATION
OF UNITED STATES PER-
SONNEL.—No United States Armed Forces personnel or United
States civilian contractor employed by the United States will partici-
pate in any combat operation in connection with assistance made
available under this section, except for the purpose of acting in
self defense or rescuing any United States citizen to include United
States Armed Forces personnel, United States civilian employees,
and civilian contractors employed by the United States.
SEC. 502. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by inserting after section 105C
(50 U.S.C. 403–5c) the following new section:
‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
RECONNAISSANCE OFFICE
‘‘SEC. 105D. (a) EXEMPTION OF CERTAIN OPERATIONAL FILES
FROM SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE.—(1) The
Director of the National Reconnaissance Office, with the coordina-
tion of the Director of Central Intelligence, may exempt operational
files of the National Reconnaissance Office from the provisions
of section 552 of title 5, United States Code, which require 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 counter-
intelligence is collected through scientific and technical systems.
‘‘(B) Files which are the sole repository of disseminated intel-
ligence are not operational files.
‘‘(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning—
‘‘(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
‘‘(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552
of title 5, United States Code; or
‘‘(C) the specific subject matter of an investigation by any
of the following for any impropriety, or violation of law, Execu-
tive order, or Presidential directive, in the conduct of an intel-
ligence 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.
H. R. 4628—24
‘‘(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 oper-
ational files shall be subject to search and review.
‘‘(B) The inclusion of information from exempted operational
files in files that are not exempted under paragraph (1) shall
not affect the exemption under paragraph (1) of the originating
operational files from search, review, publication, or disclosure.
‘‘(C) The declassification of some of the information contained
in exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication,
or disclosure.
‘‘(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted
under paragraph (1) and which have been returned to exempted
operational files for sole retention shall be subject to search and
review.
‘‘(5) The provisions of paragraph (1) may not be superseded
except by a provision of law which is enacted after the date of
the enactment of this section, and which specifically cites and
repeals or modifies its provisions.
‘‘(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of
title 5, United States Code, alleges that NRO has withheld records
improperly because of failure to comply with any provision of this
section, judicial review shall be available under the terms set forth
in section 552(a)(4)(B) of title 5, United States Code.
‘‘(B) Judicial review shall not be available in the manner pro-
vided for under subparagraph (A) as follows:
‘‘(i) In any case in which information specifically authorized
under criteria established by an Executive order to be kept
secret in the interests of national defense or foreign relations
is filed with, or produced for, the court by NRO, such informa-
tion shall be examined ex parte, in camera by the court.
‘‘(ii) The court shall, to the fullest extent practicable, deter-
mine the issues of fact based on sworn written submissions
of the parties.
‘‘(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely
in exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
‘‘(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NRO shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating
to the court by sworn written submission that exempted oper-
ational files likely to contain responsible records currently per-
form 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 admis-
sible evidence.
H. R. 4628—25
‘‘(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 appro-
priate exempted operational file or files for the requested
records, the court shall dismiss the claim based upon such
complaint.
‘‘(viii) Any information filed with, or produced for the court
pursuant to clauses (i) and (iv) shall be coordinated with the
Director of Central Intelligence prior to submission to the court.
‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.—
(1) Not less than once every 10 years, the Director of the National
Reconnaissance Office and the Director of Central Intelligence shall
review the exemptions in force under subsection (a)(1) to determine
whether such exemptions may be removed from the category of
exempted files or any portion thereof. The Director of Central
Intelligence must approve any determination to remove such exemp-
tions.
‘‘(2) The review required by paragraph (1) shall include consid-
eration of the historical value or other public interest in the subject
matter of the particular category of files or portions thereof and
the potential for declassifying a significant part of the information
contained therein.
‘‘(3) A complainant that alleges that NRO has improperly with-
held 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 begin-
ning on the date of the enactment of this section or before
the expiration of the 10-year period beginning on the date
of the most recent review.
‘‘(B) Whether NRO, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.’’.
(b) CLERICAL AMENDMENT.—The table of sections for that Act
is amended by inserting after the item relating to section 105C
the following new item:
‘‘Sec. 105D. Protection of operational files of the National Reconnaissance Office.’’.
SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR
LEVEL POSITIONS FOR PRESIDENTIAL RANK AWARDS.
Section 1607 of title 10, United States Code, is amended by
adding at the end the following new subsection:
H. R. 4628—26
‘‘(c) AWARD OF RANK TO EMPLOYEES IN INTELLIGENCE SENIOR
LEVEL POSITIONS.—The President, based on the recommendations
of the Secretary of Defense, may award a rank referred to in
section 4507a of title 5 to employees in Intelligence Senior Level
positions designated under subsection (a). The award of such rank
shall be made in a manner consistent with the provisions of that
section.’’.
TITLE VI—NATIONAL COMMISSION ON
TERRORIST 
ATTACKS 
UPON 
THE
UNITED STATES
SEC. 601. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the National
Commission on Terrorist Attacks Upon the United States (in this
title referred to as the ‘‘Commission’’).
SEC. 602. PURPOSES.
The purposes of the Commission are to—
(1) examine and report upon the facts and causes relating
to the terrorist attacks of September 11, 2001, occurring at
the World Trade Center in New York, New York, in Somerset
County, Pennsylvania, and at the Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence devel-
oped by all relevant governmental agencies regarding the facts
and circumstances surrounding the attacks;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of—
(A) the Joint Inquiry of the Select Committee on Intel-
ligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives regarding
the terrorist attacks of September 11, 2001, (hereinafter
in this title referred to as the ‘‘Joint Inquiry’’); and
(B) other executive branch, congressional, or inde-
pendent commission investigations into the terrorist
attacks of September 11, 2001, other terrorist attacks, and
terrorism generally;
(4) make a full and complete accounting of the cir-
cumstances surrounding the attacks, and the extent of the
United States’ preparedness for, and immediate response to,
the attacks; and
(5) investigate and report to the President and Congress
on its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent acts of terrorism.
SEC. 603. COMPOSITION OF COMMISSION.
(a) MEMBERS.—The Commission shall be composed of 10 mem-
bers, of whom—
(1) 1 member shall be appointed by the President, who
shall serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the
Senate (majority or minority leader, as the case may be) of
the Democratic Party, in consultation with the leader of the
House of Representatives (majority or minority leader, as the
H. R. 4628—27
case may be) of the Democratic Party, who shall serve as
vice chairman of the Commission;
(3) 2 members shall be appointed by the senior member
of the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of the Repub-
lican Party;
(5) 2 members shall be appointed by the senior member
of the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of the Demo-
cratic Party.
(b) QUALIFICATIONS; INITIAL MEETING.—
(1) POLITICAL PARTY AFFILIATION.—Not more than 5 mem-
bers of the Commission shall be from the same political party.
(2) 
NONGOVERNMENTAL
APPOINTEES.—An 
individual
appointed to the Commission may not be an officer or employee
of the Federal Government or any State or local government.
(3) OTHER QUALIFICATIONS.—It is the sense of Congress
that individuals appointed to the Commission should be promi-
nent United States citizens, with national recognition and
significant depth of experience in such professions as govern-
mental service, law enforcement, the armed services, law, public
administration, intelligence gathering, commerce (including
aviation matters), and foreign affairs.
(4) DEADLINE
FOR
APPOINTMENT.—All members of the
Commission shall be appointed on or before December 15, 2002.
(5) INITIAL
MEETING.—The Commission shall meet and
begin the operations of the Commission as soon as practicable.
(c) QUORUM; VACANCIES.—After its initial meeting, the Commis-
sion shall meet upon the call of the chairman or a majority of
its members. Six members of the Commission shall constitute a
quorum. Any vacancy in the Commission shall not affect its powers,
but shall be filled in the same manner in which the original appoint-
ment was made.
SEC. 604. FUNCTIONS OF COMMISSION.
(a) IN GENERAL.—The functions of the Commission are to—
(1) conduct an investigation that—
(A) investigates relevant facts and circumstances
relating to the terrorist attacks of September 11, 2001,
including any relevant legislation, Executive order, regula-
tion, plan, policy, practice, or procedure; and
(B) may include relevant facts and circumstances
relating to—
(i) intelligence agencies;
(ii) law enforcement agencies;
(iii) diplomacy;
(iv) immigration, nonimmigrant visas, and border
control;
(v) the flow of assets to terrorist organizations;
(vi) commercial aviation;
(vii) the role of congressional oversight and
resource allocation; and
(viii) other areas of the public and private sectors
determined relevant by the Commission for its inquiry;
H. R. 4628—28
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the struc-
ture, coordination, management policies, and procedures of the
Federal Government, and, if appropriate, State and local
governments 
and 
nongovernmental 
entities, 
relative 
to
detecting, preventing, and responding to such terrorist attacks;
and
(3) submit to the President and Congress such reports
as are required by this title containing such findings, conclu-
sions, and recommendations as the Commission shall deter-
mine, including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
(b) RELATIONSHIP TO INTELLIGENCE COMMITTEES’ INQUIRY.—
When investigating facts and circumstances relating to the intel-
ligence community, the Commission shall—
(1) first review the information compiled by, and the
findings, conclusions, and recommendations of, the Joint
Inquiry; and
(2) after that review pursue any appropriate area of inquiry
if the Commission determines that—
(A) the Joint Inquiry had not investigated that area;
(B) the Joint Inquiry’s investigation of that area had
not been complete; or
(C) new information not reviewed by the Joint Inquiry
had become available with respect to that area.
SEC. 605. POWERS OF COMMISSION.
(a) IN GENERAL.—
(1) HEARINGS AND EVIDENCE.—The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title—
(A) hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence,
administer such oaths; and
(B) subject to paragraph (2)(A), require, by subpoena
or otherwise, the attendance and testimony of such wit-
nesses and the production of such books, records, cor-
respondence, memoranda, papers, and documents, as the
Commission or such designated subcommittee or des-
ignated member may determine advisable.
(2) SUBPOENAS.—
(A) ISSUANCE.—
(i) IN GENERAL.—A subpoena may be issued under
this subsection only—
(I) by the agreement of the chairman and the
vice chairman; or
(II) by the affirmative vote of 6 members of
the Commission.
(ii) SIGNATURE.—Subject to clause (i), subpoenas
issued under this subsection may be issued under the
signature of the chairman or any member designated
by a majority of the Commission, and may be served
by any person designated by the chairman or by a
member designated by a majority of the Commission.
(B) ENFORCEMENT.—
(i) IN
GENERAL.—In the case of contumacy or
failure to obey a subpoena issued under subsection
H. R. 4628—29
(a), the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person
to appear at any designated place to testify or to
produce documentary or other evidence. Any failure
to obey the order of the court may be punished by
the court as a contempt of that court.
(ii) ADDITIONAL ENFORCEMENT.—In the case of any
failure of any witness to comply with any subpoena
or to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who may bring
the matter before the grand jury for its action, under
the same statutory authority and procedures as if the
United States attorney had received a certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(b) CONTRACTING.—The Commission may, to such extent and
in such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under
this title.
(c) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or instrumen-
tality of the Government, information, suggestions, estimates,
and statistics for the purposes of this title. Each department,
bureau, 
agency, 
board, 
commission, 
office, 
independent
establishment, or instrumentality shall, to the extent author-
ized by law, furnish such information, suggestions, estimates,
and statistics directly to the Commission, upon request made
by the chairman, the chairman of any subcommittee created
by a majority of the Commission, or any member designated
by a majority of the Commission.
(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff con-
sistent with all applicable statutes, regulations, and Executive
orders.
(d) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL
SERVICES
ADMINISTRATION.—The Adminis-
trator of General Services shall provide to the Commission
on a reimbursable basis administrative support and other serv-
ices for the performance of the Commission’s functions.
(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to
the assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized
by law.
(e) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
H. R. 4628—30
SEC. 606. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.
(a) IN GENERAL.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF
REPORTS.—The Commission shall—
(1) hold public hearings and meetings to the extent appro-
priate; and
(2) release public versions of the reports required under
section 610(a) and (b).
(c) PUBLIC HEARINGS.—Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the Commission
as required by any applicable statute, regulation, or Executive
order.
SEC. 607. STAFF OF COMMISSION.
(a) IN GENERAL.—
(1) APPOINTMENT AND COMPENSATION.—The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay
fixed under this subsection may exceed the equivalent of that
payable for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) PERSONNEL AS FEDERAL EMPLOYEES.—
(A) IN GENERAL.—The executive director and any per-
sonnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89,
and 90 of that title.
(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) DETAILEES.—Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status, and
privileges of his or her regular employment without interruption.
(c) CONSULTANT SERVICES.—The Commission is authorized to
procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to
exceed the daily rate paid a person occupying a position at level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
SEC. 608. COMPENSATION AND TRAVEL EXPENSES.
(a) COMPENSATION.—Each member of the Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day during which that member is engaged in the actual
performance of the duties of the Commission.
H. R. 4628—31
(b) TRAVEL EXPENSES.—While away from their homes or regular
places of business in the performance of services for the Commis-
sion, members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service are
allowed expenses under section 5703(b) of title 5, United States
Code.
SEC. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to the
Commission members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and require-
ments, except that no person shall be provided with access to
classified information under this title without the appropriate secu-
rity clearances.
SEC. 610. REPORTS OF COMMISSION; TERMINATION.
(a) INTERIM REPORTS.—The Commission may submit to the
President and Congress interim reports containing such findings,
conclusions, and recommendations for corrective measures as have
been agreed to by a majority of Commission members.
(b) FINAL REPORT.—Not later than 18 months after the date
of the enactment of this Act, the Commission shall submit to the
President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have
been agreed to by a majority of Commission members.
(c) TERMINATION.—
(1) IN GENERAL.—The Commission, and all the authorities
of this title, shall terminate 60 days after the date on which
the final report is submitted under subsection (b).
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including pro-
viding testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 611. FUNDING.
(a) TRANSFER FROM THE NATIONAL FOREIGN INTELLIGENCE PRO-
GRAM.—Of the amounts authorized to be appropriated by this Act
and made available in public law 107–248 (Department of Defense
Appropriations Act, 2003) for the National Foreign Intelligence
Program, not to exceed $3,000,000 shall be available for transfer
to the Commission for purposes of the activities of the Commission
under this title.
(b) DURATION OF AVAILABILITY.—Amounts made available to
the Commission under subsection (a) shall remain available until
the termination of the Commission.
TITLE VII—INFORMATION SHARING
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Homeland Security Information
Sharing Act’’.
H. R. 4628—32
SEC. 702. FINDINGS AND SENSE OF CONGRESS.
(a) FINDINGS.—The Congress finds the following:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes defense
against terrorist attacks.
(2) The Federal Government relies on State and local per-
sonnel to protect against terrorist attacks.
(3) The Federal Government collects, creates, manages,
and protects classified and sensitive but unclassified informa-
tion to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for terrorist
attacks.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected
status of such information and to protect the sources and
methods used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State, and
local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and
local personnel without the need for granting additional security
clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities and
terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local govern-
ments and agencies in other jurisdictions may benefit from
such information.
(10) Federal, State, and local governments and intelligence,
law enforcement, and other emergency preparation and
response agencies must act in partnership to maximize the
benefits of information gathering and analysis to prevent and
respond to terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist
Threat Warning System, have been established for rapid
sharing of classified and sensitive but unclassified information
among Federal, State, and local entities.
(12) Increased efforts to share homeland security informa-
tion should avoid duplicating existing information systems.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
Federal, State, and local entities should share homeland security
information to the maximum extent practicable, with special
emphasis on hard-to-reach urban and rural communities.
SEC. 
703. 
FACILITATING 
HOMELAND 
SECURITY 
INFORMATION
SHARING PROCEDURES.
(a) PROCEDURES
FOR DETERMINING EXTENT
OF SHARING
OF
HOMELAND SECURITY INFORMATION.—(1) The President shall pre-
scribe and implement procedures under which relevant Federal
agencies determine—
H. R. 4628—33
(A) whether, how, and to what extent homeland security
information may be shared with appropriate State and local
personnel, and with which such personnel it may be shared;
(B) how to identify and safeguard homeland security
information that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
whether, how, and to what extent to remove classified informa-
tion, as appropriate, and with which such personnel it may
be shared after such information is removed.
(2) The President shall ensure that such procedures apply
to all agencies of the Federal Government.
(3) Such procedures shall not change the substantive require-
ments for the classification and safeguarding of classified informa-
tion.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) PROCEDURES
FOR
SHARING
OF
HOMELAND
SECURITY
INFORMATION.—(1) Under procedures prescribed by the President,
all appropriate agencies, including the intelligence community,
shall, through information sharing systems, share homeland secu-
rity information with appropriate State and local personnel to the
extent such information may be shared, as determined in accordance
with subsection (a), together with assessments of the credibility
of such information.
(2) Each information sharing system through which information
is shared under paragraph (1) shall—
(A) have the capability to transmit unclassified or classified
information, though the procedures and recipients for each
capability may differ;
(B) have the capability to restrict delivery of information
to specified subgroups by geographic location, type of organiza-
tion, position of a recipient within an organization, or a recipi-
ent’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 estab-
lish conditions on the use of information shared under paragraph
(1)—
(A) to limit the redissemination of such information to
ensure that such information is not used for an unauthorized
purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights of
any individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal
and destruction of obsolete or erroneous names and information.
(4) The procedures prescribed under paragraph (1) shall ensure,
to the greatest extent practicable, that the information sharing
system through which information is shared under such paragraph
include existing information sharing systems, including, but not
limited to, the National Law Enforcement Telecommunications
System, the Regional Information Sharing System, and the Terrorist
Threat Warning System of the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing system
H. R. 4628—34
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 informa-
tion sharing systems, the homeland security information of
their own jurisdictions, which shall be marked appropriately
as pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of Cen-
tral Intelligence and the Attorney General, each appropriate Federal
agency, as determined by the President, shall review and assess
the information shared under paragraph (6) and integrate such
information with existing intelligence.
(c) SHARING OF CLASSIFIED INFORMATION AND SENSITIVE BUT
UNCLASSIFIED INFORMATION WITH STATE AND LOCAL PERSONNEL.—
(1) The President shall prescribe procedures under which Federal
agencies may, to the extent the President considers necessary,
share with appropriate State and local personnel homeland security
information that remains classified or otherwise protected after
the determinations prescribed under the procedures set forth in
subsection (a).
(2) It is the sense of Congress that such procedures may include
one or more of the following means:
(A) Carrying out security clearance investigations with
respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but
unclassified, entering into nondisclosure agreements with
appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the
Joint Terrorism Task Forces of the Federal Bureau of Investiga-
tion, the Anti-Terrorism Task Forces of the Department of
Justice, and regional Terrorism Early Warning Groups.
(d) RESPONSIBLE OFFICIALS.—For each affected Federal agency,
the head of such agency shall designate an official to administer
this title with respect to such agency.
(e) FEDERAL CONTROL OF INFORMATION.—Under procedures pre-
scribed under this section, information obtained by a State or local
government from a Federal agency under this section shall remain
under the control of the Federal agency, and a State or local
law authorizing or requiring such a government to disclose informa-
tion shall not apply to such information.
(f) DEFINITIONS.—As used in this section:
(1) The term ‘‘homeland security information’’ means any
information (other than information that includes individually
identifiable information collected solely for statistical purposes)
possessed by a Federal, State, or local agency that—
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict, or disrupt
terrorist activity;
(C) would improve the identification or investigation
of a suspected terrorist or terrorist organization; or
(D) would improve the response to a terrorist act.
H. R. 4628—35
(2) The term ‘‘intelligence community’’ has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
(3) The term ‘‘State and local personnel’’ means any of
the following persons involved in prevention, preparation, or
response for terrorist attacks:
(A) State Governors, mayors, and other locally elected
officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management
agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency per-
sonnel.
(F) Employees of private sector entities that affect
critical infrastructure, cyber, economic, or public health
security, as designated by the Federal Government in
procedures developed pursuant to this section.
(4) The term ‘‘State’’ includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
SEC. 704. REPORT.
(a) REPORT REQUIRED.—Not later than 12 months after the
date of the enactment of this Act, the President shall submit to
the congressional committees specified in subsection (b) a report
on the implementation of section 703. The report shall include
any recommendations for additional measures or appropriation
requests, beyond the requirements of section 703, to increase the
effectiveness of sharing of information between and among Federal,
State, and local entities.
(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional
committees referred to in subsection (a) are the following commit-
tees:
(1) The Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representa-
tives.
(2) The Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may
be necessary to carry out section 703.
SEC. 706. COORDINATION PROVISION.
(a) PRIOR ENACTMENT.—If this Act is enacted before the Home-
land Security Act of 2002, then upon the date of the enactment
of the Homeland Security Act of 2002, this title shall be deemed
for all purposes not to have taken effect and shall cease to be
in effect.
(b) SUBSEQUENT ENACTMENT.—If the Homeland Security Act
of 2002 is enacted before this Act, then this title shall not take
effect.
H. R. 4628—36
TITLE VIII—REPORTING
REQUIREMENTS
Subtitle A—Overdue Reports
SEC. 801. DEADLINE FOR SUBMITTAL OF VARIOUS OVERDUE REPORTS.
(a) DEADLINE.—The reports described in subsection (c) shall
be submitted to Congress not later than 180 days after the date
of the enactment of this Act.
(b) NONCOMPLIANCE.—(1) If all the reports described in sub-
section (c) are not submitted to Congress by the date specified
in subsection (a), amounts available to be obligated or expended
after that date to carry out the functions or duties of the Office
of the Director of Central Intelligence shall be reduced by 1⁄3.
(2) The reduction applicable under paragraph (1) shall not
apply if the Director of Central Intelligence certifies to Congress
by the date referred to in subsection (a) that all reports referred
to in subsection (c) have been submitted to Congress.
(c) REPORTS DESCRIBED.—The reports referred to in subsection
(a) are reports mandated by law for which the Director of Central
Intelligence has sole or primary responsibility to prepare, coordi-
nate, and submit to Congress which, as of the date of the enactment
of this Act, have not been submitted to Congress.
Subtitle B—Submittal of Reports to
Intelligence Committees
SEC. 811. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMI-
ANNUAL REPORTS TO THE CONGRESSIONAL INTEL-
LIGENCE COMMITTEES.
(a) IN GENERAL.—(1) Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 311 of this
Act, is further amended by adding at the end the following new
section:
‘‘DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL
REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES
‘‘SEC. 507. (a) ANNUAL REPORTS.—(1) The date for the submittal
to the congressional intelligence committees of the following annual
reports shall be the date each year provided in subsection (c)(1)(A):
‘‘(A) The annual evaluation of the performance and respon-
siveness of certain elements of the intelligence community
required by section 105(d).
‘‘(B) The annual report on intelligence required by section
109.
‘‘(C) The annual report on intelligence community coopera-
tion with Federal law enforcement agencies required by section
114(a)(2).
‘‘(D) The annual report on the protection of the identities
of covert agents required by section 603.
‘‘(E) The annual report of the Inspectors Generals of the
intelligence community on proposed resources and activities
H. R. 4628—37
of their offices required by section 8H(g) of the Inspector Gen-
eral Act of 1978.
‘‘(F) The annual report on commercial activities as security
for intelligence collection required by section 437(c) of title
10, United States Code.
‘‘(G) The annual report on expenditures for postemployment
assistance for terminated intelligence employees required by
section 1611(e)(2) of title 10, United States Code.
‘‘(H) The annual update on foreign industrial espionage
required by section 809(b) of the Counterintelligence and Secu-
rity Enhancements Act of 1994 (title VIII of Public Law 103–
359; 50 U.S.C. App. 2170b(b)).
‘‘(I) The annual report on coordination of counterintel-
ligence matters with the Federal Bureau of Investigation
required by section 811(c)(6) of the Counterintelligence and
Security Enhancements Act of 1994 (50 U.S.C. 402a(c)(6)).
‘‘(J) The annual report on foreign companies involved in
the proliferation of weapons of mass destruction that raise
funds in the United States capital markets required by section
827 of the Intelligence Authorization Act for Fiscal Year 2003.
‘‘(K) The annual report on certifications for immunity in
interdiction of aircraft engaged in illicit drug trafficking
required by section 1012(c)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291–4(c)(2)).
‘‘(L) The annual report on exceptions to consumer disclosure
requirements for national security investigations under section
604(b)(4)(E) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)(E)).
‘‘(M) The annual report on activities under the David L.
Boren National Security Education Act of 1991 (title VIII of
Public Law 102–183; 50 U.S.C. 1901 et seq.) required by section
806(a) of that Act (50 U.S.C. 1906(a)).
‘‘(N) The annual report on hiring and retention of minority
employees in the intelligence community required by section
114(c).
‘‘(2) The date for the submittal to the congressional intelligence
committees of the following annual reports shall be the date each
year provided in subsection (c)(1)(B):
‘‘(A) The annual report on the safety and security of Rus-
sian nuclear facilities and nuclear military forces required by
section 114(b).
‘‘(B) The annual report on the threat of attack on the
United States from weapons of mass destruction required by
section 114(d).
‘‘(C) The annual report on covert leases required by section
114(e).
‘‘(D) The annual report on improvements of the financial
statements of the intelligence community for auditing purposes
required by section 114A.
‘‘(E) The annual report on activities of personnel of the
Federal Bureau of Investigation outside the United States
required by section 540C(c)(2) of title 28, United States Code.
‘‘(F) The annual report on intelligence activities of the
People’s Republic of China required by section 308(c) of the
Intelligence Authorization Act for Fiscal Year 1998 (Public Law
105–107; 50 U.S.C. 402a note).
H. R. 4628—38
‘‘(G) The annual report on counterdrug intelligence matters
required by section 826 of the Intelligence Authorization Act
for Fiscal Year 2003.
‘‘(b) SEMIANNUAL REPORTS.—The dates for the submittal to
the congressional intelligence committees of the following semi-
annual reports shall be the dates each year provided in subsection
(c)(2):
‘‘(1) The periodic reports on intelligence provided to the
United Nations required by section 112(b).
‘‘(2) The semiannual reports on the Office of the Inspector
General of the Central Intelligence Agency required by section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(1)).
‘‘(3) The semiannual reports on decisions not to prosecute
certain violations of law under the Classified Information Proce-
dures Act (18 U.S.C. App.) as required by section 13 of that
Act.
‘‘(4) The semiannual reports on the acquisition of technology
relating to weapons of mass destruction and advanced conven-
tional munitions required by section 721(b) of the Combatting
Proliferation of Weapons of Mass Destruction Act of 1996 (title
VII of Public Law 104–293; 50 U.S.C. 2366(b)).
‘‘(5) The semiannual reports on the activities of the Diplo-
matic Telecommunications Service Program Office (DTS–PO)
required by section 322(a)(6)(D)(ii) of the Intelligence Authoriza-
tion Act for Fiscal Year 2001 (22 U.S.C. 7302(a)(6)(D)(ii)).
‘‘(6) The semiannual reports on the disclosure of informa-
tion and consumer reports to the Federal Bureau of Investiga-
tion for counterintelligence purposes required by section
624(h)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681u(h)(2)).
‘‘(7) The semiannual provision of information on requests
for financial information for foreign counterintelligence pur-
poses required by section 1114(a)(5)(C) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
‘‘(8) The semiannual report on financial intelligence on
terrorist assets required by section 118.
‘‘(c) SUBMITTAL DATES FOR REPORTS.—(1)(A) Except as provided
in subsection (d), each annual report listed in subsection (a)(1)
shall be submitted not later than February 1.
‘‘(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than
December 1.
‘‘(2) Except as provided in subsection (d), each semiannual
report listed in subsection (b) shall be submitted not later than
February 1 and August 1.
‘‘(d) POSTPONEMENT OF SUBMITTAL.—(1) Subject to paragraph
(3), the date for the submittal of—
‘‘(A) an annual report listed in subsection (a)(1) may be
postponed until March 1;
‘‘(B) an annual report listed in subsection (a)(2) may be
postponed until January 1; and
‘‘(C) a semiannual report listed in subsection (b) may be
postponed until March 1 or September 1, as the case may
be,
H. R. 4628—39
if the official required to submit such report submits to the congres-
sional intelligence committees a written notification of such
postponement.
‘‘(2)(A) Notwithstanding any other provision of law and subject
to paragraph (3), the date for the submittal to the congressional
intelligence committees of any report described in subparagraph
(B) may be postponed by not more than 30 days from the date
otherwise specified in the provision of law for the submittal of
such report if the official required to submit such report submits
to the congressional intelligence committees a written notification
of such postponement.
‘‘(B) A report described in this subparagraph is any report
on intelligence or intelligence-related activities of the United States
Government that is submitted under a provision of law requiring
the submittal of only a single report.
‘‘(3)(A) The date for the submittal of a report whose submittal
is postponed under paragraph (1) or (2) may be postponed beyond
the time provided for the submittal of such report under such
paragraph if the official required to submit such report submits
to the congressional intelligence committees a written certification
that preparation and submittal of such report at such time will
impede the work of officers or employees of the intelligence commu-
nity in a manner that will be detrimental to the national security
of the United States.
‘‘(B) A certification with respect to a report under subparagraph
(A) shall include a proposed submittal date for such report, and
such report shall be submitted not later than that date.’’.
(2) The table of sections for the National Security Act of 1947,
as amended by section 311 of this Act, is further amended by
inserting after the item relating to section 506 the following new
item:
‘‘Sec. 507. Dates for submittal of various annual and semiannual reports to the con-
gressional intelligence committees.’’.
(b) 
CONFORMING
AMENDMENTS
TO
EXISTING
REPORTING
REQUIREMENTS.—
(1) NATIONAL SECURITY ACT OF 1947.—(A) Subsection (d)
of section 105 of the National Security Act of 1947 (50 U.S.C.
403–5) is amended to read as follows:
‘‘(d) ANNUAL EVALUATION OF PERFORMANCE AND RESPONSIVE-
NESS
OF CERTAIN ELEMENTS
OF INTELLIGENCE COMMUNITY.—(1)
Not later each year than the date provided in section 507, the
Director shall submit to the congressional intelligence committees
the evaluation described in paragraph (3).
‘‘(2) The Director shall submit each year to the Committee
on Foreign Intelligence of the National Security Council, and to
the Committees on Armed Services and Appropriations of the
Senate and House of Representatives, the evaluation described in
paragraph (3).
‘‘(3) An evaluation described in this paragraph is an evaluation
of the performance and responsiveness of the National Security
Agency, the National Reconnaissance Office, and the National
Imagery and Mapping Agency in meeting their respective national
missions.
‘‘(4) The Director shall submit each evaluation under this sub-
section in consultation with the Secretary of Defense and the Chair-
man of the Joint Chiefs of Staff.’’.
H. R. 4628—40
(B) Section 109 of that Act (50 U.S.C. 404d) is amended—
(i) in subsection (a), by striking paragraph (1) and
inserting the following new paragraph (1):
‘‘(1)(A) Not later each year than the date provided in section
507, the President shall submit to the congressional intelligence
committees a report on the requirements of the United States
for intelligence and the activities of the intelligence community.
‘‘(B) Not later than January 31 each year, and included with
the budget of the President for the next fiscal year under section
1105(a) of title 31, United States Code, the President shall submit
to the appropriate congressional committees the report described
in subparagraph (A).’’;
(ii) in subsection (c), as amended by section 803(a)
of the Intelligence Renewal and Reform Act of 1996 (title
VIII of Public Law 104–293; 110 Stat. 3475)—
(I) in paragraph (1), by striking ‘‘The Select Com-
mittee on Intelligence, the Committee on Appropria-
tions,’’ and inserting ‘‘The Committee on Appropria-
tions’’; and
(II) in paragraph (2), by striking ‘‘The Permanent
Select Committee on Intelligence, the Committee on
Appropriations,’’ and inserting ‘‘The Committee on
Appropriations’’; and
(iii) by striking subsection (c), as added by section
304(a) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103–178; 107 Stat. 2034).
(C) Section 112(b) of that Act (50 U.S.C. 404g(b)) is
amended by adding at the end the following new paragraph:
‘‘(3) In the case of periodic reports required to be submitted
under the first sentence of paragraph (1) to the congressional intel-
ligence committees, the submittal dates for such reports shall be
as provided in section 507.’’.
(D) Section 114 of that Act (50 U.S.C. 404i) is amended—
(i) in subsection (a)—
(I) in paragraph (1), by striking ‘‘the congressional
intelligence committees and’’;
(II) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(III) by inserting after paragraph (1) the following
new paragraph (2):
‘‘(2) Not later each year than the date provided in section
507, the Director shall submit to the congressional intelligence
committees the report required to be submitted under paragraph
(1) during the preceding year.’’; and
(ii) in subsection (b)(1), by striking ‘‘, on an annual
basis’’ and all that follows through ‘‘leadership’’ and
inserting ‘‘submit to the congressional leadership on an
annual basis, and to the congressional intelligence commit-
tees on the date each year provided in section 507,’’.
(E) Section 603 of that Act (50 U.S.C. 423) is amended—
(i) in subsection (a), by adding at the end the following
new sentence: ‘‘The date for the submittal of the report
shall be the date provided in section 507.’’; and
(ii) in subsection (b), by striking the second sentence.
(2) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—Section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(1)) is amended in the second sentence by striking
H. R. 4628—41
‘‘Within thirty days of receipt of such reports,’’ and inserting
‘‘Not later than the dates each year provided for the transmittal
of such reports in section 507 of the National Security Act
of 1947,’’.
(3) CLASSIFIED INFORMATION PROCEDURES ACT.—Section 13
of the Classified Information Procedures Act (18 U.S.C. App.)
is amended—
(A) by redesignating subsection (b) as subsection (c);
and
(B) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) In the case of the semiannual reports (whether oral or
written) required to be submitted under subsection (a) to the Perma-
nent Select Committee on Intelligence of the House of Representa-
tives and the Select Committee on Intelligence of the Senate, the
submittal dates for such reports shall be as provided in section
507 of the National Security Act of 1947.’’.
(4) TITLE
10, UNITED
STATES
CODE.—(A) Section 437 of
title 10, United States Code, is amended—
(i) in subsection (c), by striking ‘‘Not later than’’ and
all that follows through ‘‘of Congress’’ and inserting ‘‘Not
later each year than the date provided in section 507
of the National Security Act of 1947, the Secretary shall
submit to the congressional intelligence committees (as
defined in section 3 of that Act (50 U.S.C. 401a))’’; and
(ii) by striking subsection (d).
(B) Section 1611(e) of that title is amended—
(i) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (3)’’;
(ii) by redesignating paragraph (2) as paragraph (3);
and
(iii) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) In the case of a report required to be submitted under
paragraph (1) to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives, the date for the submittal of such report shall
be as provided in section 507 of the National Security Act of
1947.’’.
(5) INTELLIGENCE AUTHORIZATION ACTS.—(A) Section 809
of the Counterintelligence and Security Enhancements Act of
1994 (title VIII of Public Law 103–359; 108 Stat. 3454; 50
U.S.C. App. 2170b) is amended by striking subsection (b) and
inserting the following new subsection (b):
‘‘(b) ANNUAL UPDATE.—
‘‘(1) SUBMITTAL TO CONGRESSIONAL INTELLIGENCE COMMIT-
TEES.—Not later each year than the date provided in section
507 of the National Security Act of 1947, the President shall
submit to the congressional intelligence committees a report
updating the information referred to in subsection (a)(1)(D).
‘‘(2) SUBMITTAL TO CONGRESSIONAL LEADERSHIP.—Not later
than April 14 each year, the President shall submit to the
congressional leadership a report updating the information
referred to in subsection (a)(1)(D).
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The
term ‘congressional intelligence committees’ has the
H. R. 4628—42
meaning given that term in section 3 of the National Secu-
rity Act of 1947 (50 U.S.C. 401a).
‘‘(B) CONGRESSIONAL LEADERSHIP.—The term ‘congres-
sional leadership’ means the Speaker and the minority
leader of the House of Representatives and the majority
leader and the minority leader of the Senate.’’.
(B) Paragraph (6) of section 811(c) of that Act (50 U.S.C.
402a(c)) is amended to read as follows:
‘‘(6)(A) Not later each year than the date provided in section
507 of the National Security Act of 1947, the Director of the Federal
Bureau of Investigation shall submit to the congressional intel-
ligence committees (as defined in section 3 of that Act (50 U.S.C.
401a)) a report with respect to compliance with paragraphs (1)
and (2) during the previous calendar year.
‘‘(B) Not later than February 1 each year, the Director shall,
in accordance with applicable security procedures, submit to the
Committees on the Judiciary of the Senate and House of Represent-
atives a report with respect to compliance with paragraphs (1)
and (2) during the previous calendar year.
‘‘(C) The Director of the Federal Bureau of Investigation shall
submit each report under this paragraph in consultation with the
Director of Central Intelligence and the Secretary of Defense.’’.
(C) Section 721 of the Combatting Proliferation of Weapons
of Mass Destruction Act of 1996 (title VII of Public Law 104–
293; 110 Stat. 3474; 50 U.S.C. 2366) is amended—
(i) in subsection (a), by striking ‘‘Not later than’’ and
all that follows through ‘‘the Director’’ and inserting ‘‘The
Director’’;
(ii) by redesignating subsection (b) as subsection (c);
(iii) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) SUBMITTAL DATES.—(1) The report required by subsection
(a) shall be submitted each year to the congressional intelligence
committees and the congressional leadership on a semiannual basis
on the dates provided in section 507 of the National Security Act
of 1947.
‘‘(2) In this subsection:
‘‘(A) The term ‘congressional intelligence committees’ has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
‘‘(B) The term ‘congressional leadership’ means the Speaker
and the minority leader of the House of Representatives and
the majority leader and the minority leader of the Senate.’’;
and
(iv) in subsection (c), as so redesignated, by striking
‘‘The reports’’ and inserting ‘‘Each report’’.
(D) Section 308 of the Intelligence Authorization Act for
Fiscal Year 1998 (Public Law 105–107; 111 Stat. 2253; 50
U.S.C. 402a note) is amended—
(i) in subsection (a)—
(I) by striking ‘‘Not later than’’ and all that follows
through ‘‘the Director of Central Intelligence’’ and
inserting ‘‘The Director of Central Intelligence’’; and
(II) by inserting ‘‘on an annual basis’’ after ‘‘to
Congress’’; and
(ii) by adding at the end the end the following new
subsection (c):
H. R. 4628—43
‘‘(c) SUBMITTAL DATE OF REPORT TO LEADERSHIP OF CONGRES-
SIONAL INTELLIGENCE COMMITTEES.—The date each year for the
submittal to the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of Representatives
and the Chairman and Vice Chairman of the Select Committee
on Intelligence of the Senate of the report required by subsection
(a) shall be the date provided in section 507 of the National Security
Act of 1947.’’.
(E) Section 322(a)(6)(D) of the Intelligence Authorization
Act for Fiscal Year 2001 (Public Law 106–567; 114 Stat. 2844;
22 U.S.C. 7302(a)(6)(D)) is amended—
(i) in clause (i), by striking ‘‘Beginning on’’ and
inserting ‘‘Except as provided in clause (ii), beginning on’’;
(ii) by redesignating clause (ii) as clause (iii);
(iii) by inserting after clause (i) the following new
clause (ii):
‘‘(ii) SUBMITTAL
DATE
OF
REPORTS
TO
CONGRES-
SIONAL
INTELLIGENCE
COMMITTEES.—In the case of
reports required to be submitted under clause (i) to
the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50
U.S.C. 401a)), the submittal dates for such reports
shall be as provided in section 507 of that Act.’’; and
(iv) in clause (iii), as so redesignated, by striking
‘‘report’’ and inserting ‘‘reports’’.
(6) PUBLIC LAW 103–337.—Section 1012(c) of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C.
2291–4(c)) is amended—
(A) in paragraph (1), by striking ‘‘Not later than’’ and
inserting ‘‘Except as provided in paragraph (2), not later
than’’;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) In the case of a report required to be submitted under
paragraph (1) to the congressional intelligence committees (as
defined in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)), the submittal date for such report shall be as provided
in section 507 of that Act.’’.
(7) DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT
OF 1991.—The David L. Boren National Security Education Act
of 1991 (title VIII of Public Law 102–183; 50 U.S.C. 1901
et seq.) is amended—
(A) in section 806(a) (50 U.S.C. 1906(a))—
(i) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
(ii) in paragraph (1), as so designated, by striking
‘‘the Congress’’ and inserting ‘‘the congressional intel-
ligence committees’’;
(iii) by designating the second sentence as para-
graph (2) and by aligning such paragraph with the
paragraph added by clause (v);
(iv) in paragraph (2), as so designated, by inserting
‘‘submitted to the President’’ after ‘‘The report’’; and
(v) by adding at the end the following new para-
graph (3):
H. R. 4628—44
‘‘(3) The report submitted to the congressional intelligence
committees shall be submitted on the date provided in section
507 of the National Security Act of 1947.’’; and
(B) in section 808 (50 U.S.C. 1908), by adding at the
end the following new paragraph (5):
‘‘(5) The term ‘congressional intelligence committees’
means—
‘‘(A) the Select Committee on Intelligence of the Senate;
and
‘‘(B) the Permanent Select Committee on Intelligence
of the House of Representatives.’’.
(8) FAIR CREDIT REPORTING ACT.—(A) Section 604(b)(4) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)) is
amended—
(i) in subparagraph (D), by striking ‘‘Not later than’’
and inserting ‘‘Except as provided in subparagraph (E),
not later than’’;
(ii) by redesignating subparagraph (E) as subparagraph
(F); and
(iii) by inserting after subparagraph (D) the following
new subparagraph (E):
‘‘(E) 
REPORTS
TO
CONGRESSIONAL
INTELLIGENCE
COMMITTEES.—In the case of a report to be submitted under
subparagraph (D) to the congressional intelligence commit-
tees (as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 401a)), the submittal date for such
report shall be as provided in section 507 of that Act.’’.
(B) Section 625(h) of that Act (15 U.S.C. 1681u(h)) is
amended—
(i) by inserting ‘‘(1)’’ before ‘‘On a semiannual basis,’’;
and
(ii) by adding at the end the following new paragraph:
‘‘(2) In the case of the semiannual reports required to be sub-
mitted under paragraph (1) to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate, the submittal dates for
such reports shall be as provided in section 507 of the National
Security Act of 1947.’’.
(9) RIGHT
TO
FINANCIAL
PRIVACY
ACT
OF
1978.—Section
1114(a)(5)(C) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3414(a)(5)(C)) is amended by striking ‘‘On a semi-
annual’’ and all that follows through ‘‘the Senate’’ and inserting
‘‘On the dates provided in section 507 of the National Security
Act of 1947, the Attorney General shall fully inform the congres-
sional intelligence committees (as defined in section 3 of that
Act (50 U.S.C. 401a))’’.
Subtitle C—Recurring Annual Reports
SEC. 821. ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED
STATES USING WEAPONS OF MASS DESTRUCTION.
Section 114 of the National Security Act of 1947, as amended
by section 353(b)(6) of this Act, is further amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
H. R. 4628—45
‘‘(d) ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED
STATES USING WEAPONS OF MASS DESTRUCTION.—(1) Not later each
year than the date provided in section 507, the Director shall
submit to the congressional committees specified in paragraph (3)
a report assessing the following:
‘‘(A) The current threat of attack on the United States
using ballistic missiles or cruise missiles.
‘‘(B) The current threat of attack on the United States
using a chemical, biological, or nuclear weapon delivered by
a system other than a ballistic missile or cruise missile.
‘‘(2) Each report under paragraph (1) shall be a national intel-
ligence estimate, or have the formality of a national intelligence
estimate.
‘‘(3) The congressional committees referred to in paragraph
(1) are the following:
‘‘(A) The congressional intelligence committees.
‘‘(B) The Committees on Foreign Relations and Armed Serv-
ices of the Senate.
‘‘(C) The Committees on International Relations and Armed
Services of the House of Representatives.’’.
SEC. 822. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as amended
by section 821 of this Act, is further amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) ANNUAL REPORT ON COVERT LEASES.—(1) Not later each
year than the date provided in section 507, the Director shall
submit to the congressional intelligence committees a report on
each covert lease of an element of the intelligence community that
is in force as of the end of the preceding year.
‘‘(2) Each report under paragraph (1) shall include the following:
‘‘(A) A list of each lease described by that paragraph.
‘‘(B) For each lease—
‘‘(i) the cost of such lease;
‘‘(ii) the duration of such lease;
‘‘(iii) the purpose of such lease; and
‘‘(iv) the directorate or office that controls such lease.’’.
SEC. 823. ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATE-
MENTS OF CERTAIN ELEMENTS OF THE INTELLIGENCE
COMMUNITY FOR AUDITING PURPOSES.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by inserting after section 114
the following new section:
‘‘ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS FOR
AUDITING PURPOSES
‘‘SEC. 114A. Not later each year than the date provided in
section 507, the Director of Central Intelligence, the Director of
the National Security Agency, the Director of the Defense Intel-
ligence Agency, and the Director of the National Imagery and
Mapping Agency shall each submit to the congressional intelligence
committees a report describing the activities being undertaken by
such official to ensure that the financial statements of such agency
H. R. 4628—46
can be audited in accordance with applicable law and requirements
of the Office of Management and Budget.’’.
(b) CLERICAL
AMENDMENT.—The table of sections for the
National Security Act of 1947 is amended by inserting after the
item relating to section 114 the following new item:
‘‘Sec. 114A. Annual report on improvement of financial statements for auditing pur-
poses.’’.
SEC. 824. ANNUAL REPORT ON ACTIVITIES OF FEDERAL BUREAU OF
INVESTIGATION 
PERSONNEL 
OUTSIDE 
THE 
UNITED
STATES.
(a) ANNUAL REPORT.—Chapter 33 of title 28, United States
Code, is amended by adding at the end the following new section:
‘‘§ 540C. Annual report on activities of Federal Bureau of
Investigation personnel outside the United States
‘‘(a) The Director of the Federal Bureau of Investigation shall
submit to the appropriate committees of Congress each year a
report on the activities of personnel of the Federal Bureau of Inves-
tigation outside the United States.
‘‘(b) The report under subsection (a) shall include the following:
‘‘(1) For the year preceding the year in which the report
is required to be submitted—
‘‘(A) the number of personnel of the Bureau posted
or detailed outside the United States during the year;
‘‘(B) a description of the coordination of the investiga-
tions, asset handling, liaison, and operational activities
of the Bureau during the year with other elements of
the intelligence community; and
‘‘(C) a description of the extent to which information
derived from activities described in subparagraph (B) was
shared with other elements of the intelligence community.
‘‘(2) For the year in which the report is required to be
submitted—
‘‘(A) a description of the plans, if any, of the Director—
‘‘(i) to modify the number of personnel of the
Bureau posted or detailed outside the United States;
or
‘‘(ii) to modify the scope of the activities of per-
sonnel of the Bureau posted or detailed outside the
United States; and
‘‘(B) a description of the manner and extent to which
information derived from activities of the Bureau described
in paragraph (1)(B) during the year will be shared with
other elements of the intelligence community.
‘‘(c) The date of the submittal each year of the report required
by subsection (a) shall be the date provided in section 507 of
the National Security Act of 1947.
‘‘(d) In this section, the term ‘appropriate committees of Con-
gress’ means—
‘‘(1) the Committees on the Judiciary of the Senate and
House of Representatives; and
‘‘(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).’’.
H. R. 4628—47
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 33 of that title is amended by inserting after
the item relating to section 540B the following new item:
‘‘540C. Annual report on activities of Federal Bureau of Investigation personnel out-
side the United States.’’.
SEC. 825. ANNUAL REPORTS OF INSPECTORS GENERAL OF THE INTEL-
LIGENCE COMMUNITY ON PROPOSED RESOURCES AND
ACTIVITIES OF THEIR OFFICES.
Section 8H of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended—
(1) in subsection (f), by striking ‘‘this section’’ and inserting
‘‘subsections (a) through (e)’’;
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g)(1) The Inspector General of the Defense Intelligence
Agency, the National Imagery and Mapping Agency, the National
Reconnaissance Office, and the National Security Agency shall each
submit to the congressional intelligence committees each year a
report that sets forth the following:
‘‘(A) The personnel and funds requested by such Inspector
General for the fiscal year beginning in such year for the
activities of the office of such Inspector General in such fiscal
year.
‘‘(B) The plan of such Inspector General for such activities,
including the programs and activities scheduled for review by
the office of such Inspector General during such fiscal year.
‘‘(C) An assessment of the current ability of such Inspector
General to hire and retain qualified personnel for the office
of such Inspector General.
‘‘(D) Any matters that such Inspector General considers
appropriate regarding the independence and effectiveness of
the office of such Inspector General.
‘‘(2) The submittal date for a report under paragraph (1) each
year shall be the date provided in section 507 of the National
Security Act of 1947.
‘‘(3) In this subsection, the term ‘congressional intelligence
committees’ shall have the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C. 401a).’’.
SEC. 826. ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MAT-
TERS.
(a) ANNUAL REPORT.—The Counterdrug Intelligence Coordi-
nating Group shall submit to the appropriate committees of Con-
gress each year a report on current counterdrug intelligence mat-
ters. The report shall include the recommendations of the
Counterdrug Intelligence Coordinating Group on the appropriate
number of permanent staff, and of detailed personnel, for the staff
of the Counterdrug Intelligence Executive Secretariat.
(b) SUBMITTAL DATE.—The date of the submittal each year
of the report required by subsection (a) shall be the date provided
in section 507 of the National Security Act of 1947, as added
by section 811 of this Act.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committees on Appropriations of the Senate and
House of Representatives; and
H. R. 4628—48
(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).
SEC. 827. ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN
THE PROLIFERATION OF WEAPONS OF MASS DESTRUC-
TION THAT RAISE FUNDS IN THE UNITED STATES CAP-
ITAL MARKETS.
(a) ANNUAL REPORT REQUIRED.—The Director of Central Intel-
ligence shall submit to the appropriate committees of Congress
on an annual basis a report setting forth each foreign company
described in subsection (b) that raised or attempted to raise funds
in the United States capital markets during the preceding year.
(b) 
COVERED
FOREIGN
COMPANIES.—A 
foreign 
company
described in this subsection is any foreign company determined
by the Director to be engaged or involved in the proliferation
of weapons of mass destruction (including nuclear, biological, or
chemical weapons) or the means to deliver such weapons.
(c) SUBMITTAL DATE.—The date each year for the submittal
of the report required by subsection (a) shall be the date provided
in section 507 of the National Security Act of 1947, as added
by section 811 of this Act.
(d) FORM OF REPORTS.—Each report under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives;
(2) the Committees on Armed Services, Banking, Housing,
and Urban Affairs, Governmental Affairs, and Foreign Rela-
tions of the Senate; and
(3) the Committees on Armed Services, Financial Services,
Government Reform, and International Relations of the House
of Representatives.
Subtitle D—Other Reports
SEC. 831. REPORT ON EFFECT OF COUNTRY-RELEASE RESTRICTIONS
ON ALLIED INTELLIGENCE-SHARING RELATIONSHIPS.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Director of Central Intelligence shall,
in consultation with the Secretary of Defense, submit to the congres-
sional intelligence committees a report containing an assessment
of the effect of the use of ‘‘NOFORN’’ classifications, and of other
country-release policies, procedures, and classification restrictions,
on intelligence-sharing relationships and coordinated intelligence
operations and military operations between the United States and
its allies. The report shall include an assessment of the effect
of the use of such classifications, and of such policies, procedures,
and restrictions, on counterterrorism operations in Afghanistan and
elsewhere.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committee’’
means—
H. R. 4628—49
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 832. EVALUATION OF POLICIES AND PROCEDURES OF DEPART-
MENT OF STATE ON PROTECTION OF CLASSIFIED
INFORMATION AT DEPARTMENT HEADQUARTERS.
(a) EVALUATION REQUIRED.—Not later than December 31 of
2002, 2003, and 2004, the Inspector General of the Department
of State shall conduct an evaluation of the policies and procedures
of the Department on the protection of classified information at
the Headquarters of the Department, including compliance with
the directives of the Director of Central Intelligence (DCIDs)
regarding the storage and handling of Sensitive Compartmented
Information (SCI) material.
(b) ANNUAL REPORT.—Except as provided in subsection (c),
not later than February 1 of 2003, 2004, and 2005, the Inspector
General shall submit to the following committees a report on the
evaluation conducted under subsection (a) during the preceding
year:
(1) The congressional intelligence committees.
(2) The Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House
of Representatives.
(c) EXCEPTION.—The date each year for the submittal of a
report under subsection (b) may be postponed in accordance with
section 507(d) of the National Security Act of 1947, as added by
section 811 of this Act.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle E—Repeal of Certain Report
Requirements
SEC. 841. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) ANNUAL REPORT ON THE DETAIL OF INTELLIGENCE COMMU-
NITY PERSONNEL.—Section 113 of the National Security Act of 1947
(50 U.S.C. 404h) is amended by striking subsection (c).
(b) ANNUAL REPORT
ON EXERCISE
OF NATIONAL SECURITY
AGENCY VOLUNTARY SEPARATION PAY AUTHORITY.—Section 301(j)
of the National Security Act of 1947 (50 U.S.C. 409a(j)), as amended
by section 353(b)(2)(A) of this Act, is further amended—
(1) by striking ‘‘REPORTING REQUIRE-MENTS.—’’ and all that
follows through ‘‘The Director may’’ and inserting ‘‘NOTIFICA-
TION
OF EXERCISE
OF AUTHORITY.—The Director may’’; and
(2) by striking paragraph (2).
(c) ANNUAL REPORT ON TRANSFERS OF AMOUNTS FOR ACQUISI-
TION OF LAND BY THE CENTRAL INTELLIGENCE AGENCY.—Section
5(c)(2) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403f(c)(2)) is amended by striking ‘‘an annual report on the transfers
H. R. 4628—50
of sums described in paragraph (1).’’ and inserting ‘‘a report on
the transfer of sums described in paragraph (1) each time that
authority is exercised.’’.
(d) ANNUAL REPORT ON USE OF CIA PERSONNEL AS SPECIAL
POLICEMEN.—Section 15(a) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403o(a)) is amended by striking paragraph (5).
(e) ANNUAL AUDIT OF THE CENTRAL SERVICES PROGRAM OF
THE CENTRAL INTELLIGENCE AGENCY.—Section 21 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended—
(1) by striking subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
(f) ANNUAL REPORT ON SPECIAL POLICE AUTHORITY FOR THE
NATIONAL SECURITY AGENCY.—Section 11(a)(5) of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended
by inserting ‘‘through 2004’’ after ‘‘Not later than July 1 each
year’’.
TITLE IX—COUNTERINTELLIGENCE
ACTIVITIES
SEC. 901. SHORT TITLE; PURPOSE.
(a) SHORT TITLE.—This title may be cited as the ‘‘Counterintel-
ligence Enhancement Act of 2002’’.
(b) PURPOSE.—The purpose of this title is to facilitate the
enhancement of the counterintelligence activities of the United
States Government by—
(1) enabling the counterintelligence community of the
United States Government to fulfill better its mission of identi-
fying, assessing, prioritizing, and countering the intelligence
threats to the United States;
(2) ensuring that the counterintelligence community of the
United States Government acts in an efficient and effective
manner; and
(3) providing for the integration of all the counterintel-
ligence activities of the United States Government.
SEC. 902. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) ESTABLISHMENT.—(1) There shall be a National Counter-
intelligence Executive, who shall be appointed by the President.
(2) It is the sense of Congress that the President should seek
the views of the Attorney General, Secretary of Defense, and
Director of Central Intelligence in selecting an individual for
appointment as the Executive.
(b) MISSION.—The mission of the National Counterintelligence
Executive shall be to serve as the head of national counterintel-
ligence for the United States Government.
(c) DUTIES.—Subject to the direction and control of the Presi-
dent, the duties of the National Counterintelligence Executive are
as follows:
(1) To carry out the mission referred to in subsection (b).
(2) To act as chairperson of the National Counterintel-
ligence Policy Board under section 811 of the Counterintel-
ligence and Security Enhancements Act of 1994 (title VIII
of Public Law 103–359; 50 U.S.C. 402a), as amended by section
903 of this Act.
H. R. 4628—51
(3) To act as head of the Office of the National Counterintel-
ligence Executive under section 904.
(4) To participate as an observer on such boards, commit-
tees, and entities of the executive branch as the President
considers appropriate for the discharge of the mission and
functions of the Executive and the Office of the National
Counterintelligence Executive under section 904.
SEC. 903. NATIONAL COUNTERINTELLIGENCE POLICY BOARD.
(a) CHAIRPERSON.—Section 811 of the Counterintelligence and
Security Enhancements Act of 1994 (title VII of Public Law 103–
359; 50 U.S.C. 402a), as amended by section 811(b)(5)(B) of this
Act, is further amended—
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) CHAIRPERSON.—The National Counterintelligence Execu-
tive under section 902 of the Counterintelligence Enhancement
Act of 2002 shall serve as the chairperson of the Board.’’.
(b) MEMBERSHIP.—That section is further amended by inserting
after subsection (b), as amended by subsection (a)(3) of this section,
the following new subsection (c):
‘‘(c) MEMBERSHIP.—The membership of the National Counter-
intelligence Policy Board shall consist of the following:
‘‘(1) The National Counterintelligence Executive.
‘‘(2) Senior personnel of departments and elements of the
United States Government, appointed by the head of the depart-
ment or element concerned, as follows:
‘‘(A) The Department of Justice, including the Federal
Bureau of Investigation.
‘‘(B) The Department of Defense, including the Joint
Chiefs of Staff.
‘‘(C) The Department of State.
‘‘(D) The Department of Energy.
‘‘(E) The Central Intelligence Agency.
‘‘(F) Any other department, agency, or element of the
United States Government specified by the President.’’.
(c) FUNCTIONS AND DISCHARGE OF FUNCTIONS.—That section
is further amended by inserting after subsection (c), as amended
by subsection (b) of this section, the following new subsection:
‘‘(d) FUNCTIONS AND DISCHARGE OF FUNCTIONS.—(1) The Board
shall—
‘‘(A) serve as the principal mechanism for—
‘‘(i) developing policies and procedures for the approval
of the President to govern the conduct of counterintelligence
activities; and
‘‘(ii) upon the direction of the President, resolving con-
flicts that arise between elements of the Government con-
ducting such activities; and
‘‘(B) act as an interagency working group to—
‘‘(i) ensure the discussion and review of matters
relating to the implementation of the Counterintelligence
Enhancement Act of 2002; and
‘‘(ii) provide advice to the National Counterintelligence
Executive on priorities in the implementation of the
National Counterintelligence Strategy produced by the
H. R. 4628—52
Office of the National Counterintelligence Executive under
section 904(e)(2) of that Act.
‘‘(2) The Board may, for purposes of carrying out its functions
under this section, establish such interagency boards and working
groups as the Board considers appropriate.’’.
SEC. 904. OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECU-
TIVE.
(a) ESTABLISHMENT.—There shall be an Office of the National
Counterintelligence Executive.
(b) HEAD OF OFFICE.—The National Counterintelligence Execu-
tive shall be the head of the Office of the National Counterintel-
ligence Executive.
(c) LOCATION OF OFFICE.—The Office of the National Counter-
intelligence Executive shall be located in the Office of the Director
of Central Intelligence.
(d) GENERAL COUNSEL.—(1) There shall be in the Office of
the National Counterintelligence Executive a general counsel who
shall serve as principal legal advisor to the National Counterintel-
ligence Executive.
(2) The general counsel shall—
(A) provide legal advice and counsel to the Executive on
matters relating to functions of the Office;
(B) ensure that the Office complies with all applicable
laws, regulations, Executive orders, and guidelines; and
(C) carry out such other duties as the Executive may
specify.
(e) FUNCTIONS.—Subject to the direction and control of the
National Counterintelligence Executive, the functions of the Office
of the National Counterintelligence Executive shall be as follows:
(1) NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION
ASSESSMENT.—Subject to subsection (f), in consultation with
appropriate department and agencies of the United States
Government, and private sector entities, to produce on an
annual basis a strategic planning assessment of the counter-
intelligence requirements of the United States to be known
as the National Threat Identification and Prioritization Assess-
ment.
(2) NATIONAL COUNTERINTELLIGENCE STRATEGY.—Subject to
subsection (f), in consultation with appropriate department and
agencies of the United States Government, and private sector
entities, and based on the most current National Threat Identi-
fication and Prioritization Assessment under paragraph (1),
to produce on an annual basis a strategy for the counterintel-
ligence programs and activities of the United States Govern-
ment to be known as the National Counterintelligence Strategy.
(3) IMPLEMENTATION OF NATIONAL COUNTERINTELLIGENCE
STRATEGY.—To evaluate on an ongoing basis the implementa-
tion of the National Counterintelligence Strategy and to submit
to the President periodic reports on such evaluation, including
a discussion of any shortfalls in the implementation of the
Strategy and recommendations for remedies for such shortfalls.
(4) NATIONAL
COUNTERINTELLIGENCE
STRATEGIC
ANAL-
YSES.—As directed by the Director of Central Intelligence and
in consultation with appropriate elements of the departments
and agencies of the United States Government, to oversee and
H. R. 4628—53
coordinate the production of strategic analyses of counterintel-
ligence matters, including the production of counterintelligence
damage assessments and assessments of lessons learned from
counterintelligence activities.
(5) NATIONAL COUNTERINTELLIGENCE PROGRAM BUDGET.—
In consultation with the Director of Central Intelligence—
(A) to coordinate the development of budgets and
resource allocation plans for the counterintelligence pro-
grams and activities of the Department of Defense, the
Federal Bureau of Investigation, the Central Intelligence
Agency, and other appropriate elements of the United
States Government;
(B) to ensure that the budgets and resource allocation
plans developed under subparagraph (A) address the objec-
tives and priorities for counterintelligence under the
National Counterintelligence Strategy; and
(C) to submit to the National Security Council periodic
reports on the activities undertaken by the Office under
subparagraphs (A) and (B).
(6) NATIONAL COUNTERINTELLIGENCE COLLECTION AND TAR-
GETING COORDINATION.—To develop priorities for counterintel-
ligence investigations and operations, and for collection of
counterintelligence, for purposes of the National Counterintel-
ligence Strategy, except that the Office may not—
(A) carry out any counterintelligence investigations or
operations; or
(B) establish its own contacts, or carry out its own
activities, with foreign intelligence services.
(7) NATIONAL
COUNTERINTELLIGENCE
OUTREACH, WATCH,
AND WARNING.—
(A) COUNTERINTELLIGENCE VULNERABILITY SURVEYS.—
To carry out and coordinate surveys of the vulnerability
of the United States Government, and the private sector,
to intelligence threats in order to identify the areas, pro-
grams, and activities that require protection from such
threats.
(B) OUTREACH.—To carry out and coordinate outreach
programs and activities on counterintelligence to other ele-
ments of the United States Government, and the private
sector, and to coordinate the dissemination to the public
of warnings on intelligence threats to the United States.
(C) RESEARCH
AND
DEVELOPMENT.—To ensure that
research and development programs and activities of the
United States Government, and the private sector, direct
attention to the needs of the counterintelligence community
for technologies, products, and services.
(D) TRAINING
AND
PROFESSIONAL
DEVELOPMENT.—To
develop policies and standards for training and professional
development of individuals engaged in counterintelligence
activities and to manage the conduct of joint training exer-
cises for such personnel.
(f) ADDITIONAL REQUIREMENTS REGARDING NATIONAL THREAT
IDENTIFICATION
AND PRIORITIZATION ASSESSMENT
AND NATIONAL
COUNTERINTELLIGENCE STRATEGY.—(1) A National Threat Identi-
fication and Prioritization Assessment under subsection (e)(1), and
any modification of such assessment, shall not go into effect until
approved by the President.
H. R. 4628—54
(2) A National Counterintelligence Strategy under subsection
(e)(2), and any modification of such strategy, shall not go into
effect until approved by the President.
(3) The National Counterintelligence Executive shall submit
to the congressional intelligence committees each National Threat
Identification and Prioritization Assessment, or modification
thereof, and each National Counterintelligence Strategy, or modi-
fication thereof, approved under this section.
(4) In this subsection, the term ‘‘congressional intelligence
committees’’ means—
(A) the Select Committee on Intelligence of the Senate;
and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives.
(g) PERSONNEL.—(1) Personnel of the Office of the National
Counterintelligence Executive may consist of personnel employed
by the Office or personnel on detail from any other department,
agency, or element of the Federal Government. Any such detail
may be on a reimbursable or nonreimbursable basis, at the election
of the head of the agency detailing such personnel.
(2) Notwithstanding section 104(d) or any other provision of
law limiting the period of the detail of personnel on a nonreimburs-
able basis, the detail of an officer or employee of United States
or a member of the Armed Forces under paragraph (1) on a non-
reimbursable basis may be for any period in excess of one year
that the National Counterintelligence Executive and the head of
the department, agency, or element concerned consider appropriate.
(3) The employment of personnel by the Office, including the
appointment, compensation and benefits, management, and separa-
tion of such personnel, shall be governed by the provisions of
law on such matters with respect to the personnel of the Central
Intelligence Agency, except that, for purposes of the applicability
of such provisions of law to personnel of the Office, the National
Counterintelligence Executive shall be treated as the head of the
Office.
(4) Positions in the Office shall be excepted service positions
for purposes of title 5, United States Code.
(h) SUPPORT.—(1) The Attorney General, Secretary of Defense,
and Director of Central Intelligence may each provide the Office
of the National Counterintelligence Executive such support as may
be necessary to permit the Office to carry out its functions under
this section.
(2) Subject to any terms and conditions specified by the Director
of Central Intelligence, the Director may provide administrative
and contract support to the Office as if the Office were an element
of the Central Intelligence Agency.
(3) Support provided under this subsection may be provided
on a reimbursable or nonreimbursable basis, at the election of
the official providing such support.
(i) AVAILABILITY OF FUNDS FOR REIMBURSEMENT.—The National
Counterintelligence Executive may, from amounts available for the
Office, transfer to a department or agency detailing personnel under
subsection (g), or providing support under subsection (h), on a
reimbursable basis amounts appropriate to reimburse such depart-
ment or agency for the detail of such personnel or the provision
of such support, as the case may be.
H. R. 4628—55
(j) CONTRACTS.—(1) Subject to paragraph (2), the National
Counterintelligence Executive may enter into any contract, lease,
cooperative agreement, or other transaction that the Executive con-
siders appropriate to carry out the functions of the Office of the
National Counterintelligence Executive under this section.
(2) The authority under paragraph (1) to enter into contracts,
leases, cooperative agreements, and other transactions shall be
subject to any terms, conditions, and limitations applicable to the
Central Intelligence Agency under law with respect to similar con-
tracts, leases, cooperative agreements, and other transactions.
(k) TREATMENT OF ACTIVITIES UNDER CERTAIN ADMINISTRATIVE
LAWS.—The files of the Office shall be treated as operational files
of the Central Intelligence Agency for purposes of section 701 of
the National Security Act of 1947 (50 U.S.C. 431) to the extent
such files meet criteria under subsection (b) of that section for
treatment of files as operational files of an element of the Agency.
(l) OVERSIGHT
BY CONGRESS.—The location of the Office of
the National Counterintelligence Executive within the Office of
the Director of Central Intelligence shall not be construed as
affecting access by Congress, or any committee of Congress, to—
(1) any information, document, record, or paper in the
possession of the Office; or
(2) any personnel of the Office.
(m) CONSTRUCTION.—Nothing in this section shall be construed
as affecting the authority of the Director of Central Intelligence,
the Secretary of Defense, the Secretary of State, the Attorney Gen-
eral, or the Director of the Federal Bureau of Investigation as
provided or specified under the National Security Act of 1947 or
under other provisions of law.
TITLE X—NATIONAL COMMISSION FOR
REVIEW OF RESEARCH AND DEVEL-
OPMENT PROGRAMS OF THE UNITED
STATES INTELLIGENCE COMMUNITY
SEC. 1001. FINDINGS.
Congress makes the following findings:
(1) Research and development efforts under the purview
of the intelligence community are vitally important to the
national security of the United States.
(2) The intelligence community must operate in a dynamic,
highly-challenging environment, characterized by rapid techno-
logical growth, against a growing number of hostile, technically-
sophisticated threats. Research and development programs
under the purview of the intelligence community are critical
to ensuring that intelligence agencies, and their personnel,
are provided with important technological capabilities to detect,
characterize, assess, and ultimately counter the full range of
threats to the national security of the United States.
(3) There is a need to review the full range of current
research and development programs under the purview of the
intelligence community, evaluate such programs against the
scientific and technological fields judged to be of most impor-
tance, and articulate program and resource priorities for future
H. R. 4628—56
research and development activities to ensure a unified and
coherent research and development program across the entire
intelligence community.
SEC. 1002. NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE
UNITED STATES INTELLIGENCE COMMUNITY.
(a) ESTABLISHMENT.—There is established a commission to be
known as the ‘‘National Commission for the Review of the Research
and Development Programs of the United States Intelligence
Community’’ (in this title referred to as the ‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be composed of 12
members, as follows:
(1) The Deputy Director of Central Intelligence for Commu-
nity Management.
(2) A senior intelligence official of the Office of the Secretary
of Defense, as designated by the Secretary of Defense.
(3) Three members appointed by the majority leader of
the Senate, in consultation with the Chairman of the Select
Committee on Intelligence of the Senate, one from Members
of the Senate and two from private life.
(4) Two members appointed by the minority leader of the
Senate, in consultation with the Vice Chairman of the Select
Committee on Intelligence of the Senate, one from Members
of the Senate and one from private life.
(5) Three members appointed by the Speaker of the House
of Representatives, in consultation with the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives, one from Members of the House of Representa-
tives and two from private life.
(6) Two members appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Permanent Select Committee on Intelligence
of the House of Representatives, one from Members of the
House of Representatives and one from private life.
(c) MEMBERSHIP.—(1) The individuals appointed from private
life as members of the Commission shall be individuals who are
nationally recognized for expertise, knowledge, or experience in—
(A) research and development programs;
(B) technology discovery and insertion;
(C) use of intelligence information by national policymakers
and military leaders; or
(D) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if, in
the judgment of the official, such individual possesses any personal
or financial interest in the discharge of any of the duties of the
Commission.
(3) All members of the Commission appointed from private
life shall possess an appropriate security clearance in accordance
with applicable laws and regulations concerning the handling of
classified information.
(d) CO-CHAIRS.—(1) The Commission shall have two co-chairs,
selected from among the members of the Commission.
H. R. 4628—57
(2) One co-chair of the Commission shall be a member of
the Democratic Party, and one co-chair shall be a member of the
Republican Party.
(3) The individuals who serve as the co-chairs of the Commis-
sion shall be jointly agreed upon by the President, the majority
leader of the Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, and the minority leader of the
House of Representatives.
(e) APPOINTMENT; INITIAL
MEETING.—(1) Members of the
Commission shall be appointed not later than 45 days after the
date of the enactment of this Act.
(2) The Commission shall hold its initial meeting on the date
that is 60 days after the date of the enactment of this Act.
(f) MEETINGS; QUORUM; VACANCIES.—(1) After its initial
meeting, the Commission shall meet upon the call of the co-chairs
of the Commission.
(2) Six members of the Commission shall constitute a quorum
for purposes of conducting business, except that two members of
the Commission shall constitute a quorum for purposes of receiving
testimony.
(3) Any vacancy in the Commission shall not affect its powers,
but shall be filled in the same manner in which the original appoint-
ment was made.
(4) If vacancies in the Commission occur on any day after
45 days after the date of the enactment of this Act, a quorum
shall consist of a majority of the members of the Commission
as of such day.
(g) ACTIONS OF COMMISSION.—(1) The Commission shall act
by resolution agreed to by a majority of the members of the Commis-
sion voting and present.
(2) The Commission may establish panels composed of less
than the full membership of the Commission for purposes of car-
rying out the duties of the Commission under this title. The actions
of any such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such
a panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(3) Any member, agent, or staff of the Commission may, if
authorized by the co-chairs of the Commission, take any action
which the Commission is authorized to take pursuant to this title.
(h) DUTIES.—The duties of the Commission shall be—
(1) to conduct, until not later than the date on which
the Commission submits the report under section 1007(a), the
review described in subsection (i); and
(2) to submit to the congressional intelligence committees,
the Director of Central Intelligence, and the Secretary of
Defense a final report on the results of the review.
(i) REVIEW.—The Commission shall review the status of
research and development programs and activities within the intel-
ligence community, including—
(1) an assessment of the advisability of modifying the scope
of research and development for purposes of such programs
and activities;
(2) a review of the particular individual research and
development activities under such programs;
H. R. 4628—58
(3) an evaluation of the current allocation of resources
for research and development, including whether the allocation
of such resources for that purpose should be modified;
(4) an identification of the scientific and technological fields
judged to be of most importance to the intelligence community;
(5) an evaluation of the relationship between the research
and development programs and activities of the intelligence
community and the research and development programs and
activities of other departments and agencies of the Federal
Government; and
(6) an evaluation of the relationship between the research
and development programs and activities of the intelligence
community and the research and development programs and
activities of the private sector.
SEC. 1003. POWERS OF COMMISSION.
(a) IN GENERAL.—(1) The Commission or, on the authorization
of the Commission, any subcommittee or member thereof, may,
for the purpose of carrying out the provisions of this title—
(A) hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence, and
administer such oaths; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or des-
ignated member considers necessary.
(2) Subpoenas may be issued under subparagraph (1)(B) under
the signature of the co-chairs of the Commission, and may be
served by any person designated by such co-chairs.
(3) The provisions of sections 102 through 104 of the Revised
Statutes of the United States (2 U.S.C. 192–194) shall apply in
the case of any failure of a witness to comply with any subpoena
or to testify when summoned under authority of this section.
(b) CONTRACTING.—The Commission may, to such extent and
in such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Commission to discharge its
duties under this title.
(c) INFORMATION FROM FEDERAL AGENCIES.—The Commission
may secure directly from any executive department, agency, bureau,
board, commission, office, independent establishment, or instrumen-
tality of the Government information, suggestions, estimates, and
statistics for the purposes of this title. Each such department,
agency, bureau, board, commission, office, establishment, or
instrumentality shall, to the extent authorized by law, furnish
such information, suggestions, estimates, and statistics directly to
the Commission, upon request of the co-chairs of the Commission.
The Commission shall handle and protect all classified information
provided to it under this section in accordance with applicable
statutes and regulations.
(d) ASSISTANCE FROM FEDERAL AGENCIES.—(1) The Director
of Central Intelligence shall provide to the Commission, on a non-
reimbursable basis, such administrative services, funds, staff, facili-
ties, and other support services as are necessary for the performance
of the Commission’s duties under this title.
H. R. 4628—59
(2) The Secretary of Defense may provide the Commission,
on a nonreimbursable basis, with such administrative services,
staff, and other support services as the Commission may request.
(3) In addition to the assistance set forth in paragraphs (1)
and (2), other departments and agencies of the United States may
provide the Commission such services, funds, facilities, staff, and
other support as such departments and agencies consider advisable
and as may be authorized by law.
(4) The Commission shall receive the full and timely cooperation
of any official, department, or agency of the United States Govern-
ment whose assistance is necessary for the fulfillment of the duties
of the Commission under this title, including the provision of full
and current briefings and analyses.
(e) PROHIBITION ON WITHHOLDING INFORMATION.—No depart-
ment or agency of the Government may withhold information from
the Commission on the grounds that providing the information
to the Commission would constitute the unauthorized disclosure
of classified information or information relating to intelligence
sources or methods.
(f) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as the departments and agencies of the United States.
(g) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property in carrying out its duties
under this title.
SEC. 1004. STAFF OF COMMISSION.
(a) IN GENERAL.—(1) The co-chairs of the Commission, in
accordance with rules agreed upon by the Commission, shall appoint
and fix the compensation of a staff director and such other personnel
as may be necessary to enable the Commission to carry out its
duties, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and with-
out regard to the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable to a person
occupying a position at level V of the Executive Schedule under
section 5316 of such title.
(2) Any Federal Government employee may be detailed to the
Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or
her regular employment without interruption.
(3) All staff of the Commission shall possess a security clearance
in accordance with applicable laws and regulations concerning the
handling of classified information.
(b) CONSULTANT SERVICES.—(1) The Commission may procure
the services of experts and consultants in accordance with section
3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV of
the Executive Schedule under section 5315 of such title.
(2) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with applicable
laws and regulations concerning the handling of classified informa-
tion.
H. R. 4628—60
SEC. 1005. COMPENSATION AND TRAVEL EXPENSES.
(a) COMPENSATION.—(1) Except as provided in paragraph (2),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay in
effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during
which that member is engaged in the actual performance of the
duties of the Commission under this title.
(2) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay by reason of their service on the Commission.
(b) TRAVEL EXPENSES.—While away from their homes or regular
places of business in the performance of services for the Commis-
sion, members of the Commission may be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service are
allowed expenses under section 5703 of title 5, United States Code.
SEC. 1006. TREATMENT OF INFORMATION RELATING TO NATIONAL
SECURITY.
(a) IN GENERAL.—(1) The Director of Central Intelligence shall
assume responsibility for the handling and disposition of any
information related to the national security of the United States
that is received, considered, or used by the Commission under
this title.
(2) Any information related to the national security of the
United States that is provided to the Commission by a congressional
intelligence committee may not be further provided or released
without the approval of the chairman of such committee.
(b) ACCESS AFTER TERMINATION
OF COMMISSION.—Notwith-
standing any other provision of law, after the termination of the
Commission under section 1007, only the Members and designated
staff of the congressional intelligence committees, the Director of
Central Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may des-
ignate shall have access to information related to the national
security of the United States that is received, considered, or used
by the Commission.
SEC. 1007. FINAL REPORT; TERMINATION.
(a) FINAL REPORT.—Not later than September 1, 2003, the
Commission shall submit to the congressional intelligence commit-
tees, the Director of Central Intelligence, and the Secretary of
Defense a final report as required by section 1002(h)(2).
(b) TERMINATION.—(1) The Commission, and all the authorities
of this title, shall terminate at the end of the 120-day period
beginning on the date on which the final report under subsection
(a) is transmitted to the congressional intelligence committees.
(2) The Commission may use the 120-day period referred to
in paragraph (1) for the purposes of concluding its activities,
including providing testimony to Congress concerning the final
report referred to in that paragraph and disseminating the report.
SEC. 1008. ASSESSMENTS OF FINAL REPORT.
Not later than 60 days after receipt of the final report under
section 1007(a), the Director of Central Intelligence and the Sec-
retary of Defense shall each submit to the congressional intelligence
committees an assessment by the Director or the Secretary, as
H. R. 4628—61
the case may be, of the final report. Each assessment shall include
such comments on the findings and recommendations contained
in the final report as the Director or Secretary, as the case may
be, considers appropriate.
SEC. 1009. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVI-
SIONS.
(a) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the activities of the Commission under this title.
(b) FREEDOM OF INFORMATION ACT.—The provisions of section
552 of title 5, United States Code (commonly referred to as the
Freedom of Information Act), shall not apply to the activities,
records, and proceedings of the Commission under this title.
SEC. 1010. FUNDING.
(a) TRANSFER FROM THE COMMUNITY MANAGEMENT ACCOUNT.—
Of the amounts authorized to be appropriated by this Act for
the Intelligence Technology Innovation Center of the Community
Management Account, the Deputy Director of Central Intelligence
for Community Management shall transfer to the Director of Cen-
tral Intelligence $2,000,000 for purposes of the activities of the
Commission under this title.
(b) AVAILABILITY IN GENERAL.—The Director of Central Intel-
ligence shall make available to the Commission, from the amount
transferred to the Director under subsection (a), such amounts
as the Commission may require for purposes of the activities of
the Commission under this title.
(c) DURATION OF AVAILABILITY.—Amounts made available to
the Commission under subsection (b) shall remain available until
expended.
SEC. 1011. DEFINITIONS.
In this title:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘‘congressional intelligence committees’’ means—
(A) the Select Committee on Intelligence of the Senate;
and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.