Intelligence Authorization Act for Fiscal Year 2003
PL 107-306 (H.R.4628), enacted 11/27/2002

PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2383 
Public Law 107-306 
107th Congress 
An Act 
To authorize appropriations for fiscal year 2003 for intelligence and intelligence-
related activities of the United States Government, the Community Management 
Account, and the Central Intelligence Agency Retirement and Disability System, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "IntelHgence 
Authorization Act for Fiscal Year 2003". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
T I T L E I — I N T E L L I G E N C E ACTIVITIES 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified schedule of authorizations. 
Sec. 103. Personnel ceiling adjustments. 
Sec. 104. Intelligence Community Management Account. 
Sec. 105. Authorization of emergency supplemental appropriations for fiscal year 
2002. 
Sec. 106. Additional authorizations of appropriations for intelligence for the war on 
terrorism. 
Sec. 107. Specific authorization of funds for intelligence or intelligence-related 
activities for which fiscal year 2003 appropriations exceed amounts 
authorized. 
Sec. 108. Incorporation of reporting requirements. 
Sec. 109. Preparation and submittal of reports, reviews, studies, and plans relating 
to intelligence activities of Department of Defense or Department of 
Energy. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Autiiorization of appropriations. 
TITLE III—GENERAL PROVISIONS 
Subtitle A—Recurring General Provisions 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restriction on conduct of intelligence activities. 
Sec. 303. Sense of Congress on intelligence community contracting. 
Subtitle B—Intelligence 
Sec. 311. Specificity of National Foreign Intelligence Program budget amounts for 
counterterrorism, counterproliferation, countemarcotics, and counter-
intelligence. 
Sec. 312. Prohibition on compliance with requests for information submitted by 
foreign governments. 
Sec. 313. National Virtual Translation Center. 
Subtitle C—Personnel 
Sec. 321. Standards and qualifications for the performance of intelligence activities. 
Nov. 27, 2002 
[H.R. 4628] 
Intelligence 
Authorization 
Act for Fiscal 
Year 2003. 
116 STAT. 2384 
PUBLIC LAW 107-306—NOV. 27, 2002 
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 estabUshment 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 I*ro-
gram and the Foreign Language Center of the Defense Language Insti-
tute. 
Sec. 333. Establishment of National Flagship Language Initiative within the Na-
tional Seciuity 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 inteUigence committees in National Security 
Act of 1947. 
TITLE IV—CENTRAL INTELUGENCE AGENCY 
Sec. 401. Two-year extension of Central InteUigence Agency Voluntary Separation 
Pav Act. 
Sec. 402. Implementation of compensation reform plan. 
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES 
Sec. 501. Use of fiinds 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. Fimctions 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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2385 
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 intelUgence 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 Grovem-
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. 
116 STAT. 2386 
PUBLIC LAW 107-306—NOV. 27, 2002 
(11) The National Imagery and Mapping Agency. 
(12) The Coast Guard. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEIUNGS.— 
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 
President. 
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 emplojmient 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. INTELUGENCE 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 fiill-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 Grovemment. 
(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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2387 
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 C E N T E R . — 
21 use 873 note. 
(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)(l)). 
(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 
116 STAT. 2388 
PUBLIC LAW 107-306—NOV. 27, 2002 
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 
INTELUGENCE 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 INTELUGENCE-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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2389 
SEC. 109. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, 
50 USC 415b 
STUDIES, AND PLANS RELATING TO INTELUGENCE note. 
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. 
116 STAT. 2390 
PUBLIC LAW 107-306—NOV. 27, 2002 
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 INTELUGENCE PRO-
GRAM BUDGET AMOUNTS FOR COUNTERTERRORISM, 
COUNTERPROLIFERATION, 
COUNTERNARCOTICS, AND 
COUNTERINTELUGENCE. 
(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 
50 use 415a. 
"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) Countemarcotics. 
"(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, countemarcotics, 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— 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2391 
"(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 
50 USC 404ii. 
(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 
116 STAT. 2392 
PUBLIC LAW 107-306—NOV. 27, 2002 
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 INTELXIGENCE 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 ^ e n c y 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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2393 
SEC. 324. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY 
EMPLOYEES IN THE INTELUGENCE 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 ESTABUSHMENT 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 
99-194 O - 03 - 26 : QL 3 Part 3 
116 STAT. 2394 
PUBLIC LAW 107-306—NOV. 27, 2002 
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. 
Deadline. 
(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— 
50 use 442. 
(1) by redesignating title X as title XI; 
50 use 442. 
(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 
50 use 44ig. 
" S E C 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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2395 
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 — E D U C A T I O N IN SUPPORT OF NATIONAL INTELLIGENCE 
"Sec. 1001. Scholarships and work-study for purstiit 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 
116 STAT. 2396 
PUBLIC LAW 107-306—NOV. 27, 2002 
"(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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2397 
(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- 50USC1911. 
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 
50 USC1902 
shall take effect on the date the Secretary of Defense submits °ote. 
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 
50 USC 1902 
as affecting any program or project carried out under the David °ote. 
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 Deadline, 
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— 
116 STAT. 2398 
PUBLIC LAW 107-306—NOV. 27, 2002 
(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 
50 use 404n-l. 
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 
50 use 404m. 
"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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2399 
"(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. 
50 USC 404n-2. 
(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 
:?f 
list required by subsection (a), and for the deletion or omission 
r 
from the list of an individual or organization 
currently on the 
Hst. 
(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. 
116 STAT. 2400 
PUBLIC LAW 107-306—NOV. 27, 2002 
(c) INFORMATION SHARING.—Subject to section 103(c)(6) of the 
National Security Act of 1947X50 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. 
Deadline. 
(e) REPORT ON CRITERIA FOR INFORMATION SHARING.—(1) N o t 
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. 
DeacUine. 
(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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2401 
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 
50 USC 403-3 
ROMAN ALPHABET. 
note. 
(a) METHOD OF TRANSLITERATION REQUIRED.—Not later than Deadline. 
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.". 
116 STAT. 2402 
PUBLIC LAW 107-306—NOV. 27, 2002 
(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". 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2403 
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. 
50 USC 403-4 
(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 intelKgence 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 Deadline, 
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 
116 STAT. 2404 
PUBLIC LAW 107-306—NOV. 27, 2002 
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 
COUNTERTERROMSM 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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2405 
(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 O F CERTAIN OPERATIONAL FILES 
50USC403-5e. 
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. 
116 STAT. 2406 
PUBLIC LAW 107-306—NOV. 27, 2002 
"(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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2407 
"(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. EUGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR 
L E V E L POSITIONS FOR PRESIDENTIAL RANK AWARDS. 
Section 1607 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
116 STAT. 2408 
PUBLIC LAW 107-306—NOV. 27, 2002 
"(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 
6 u s e 101 note. 
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"). 
6 u s e 101 note. 
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. 
6 u s e 101 note. 
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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2409 
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. 
6 USC 101 note. 
(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; 
116 STAT. 2410 
PUBLIC LAW 107-306—NOV. 27, 2002 
(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. 
6 u s e 101 note. 
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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2411 
(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. 
116 STAT. 2412 
PUBLIC LAW 107-306—NOV. 27, 2002 
6 u s e 101 note. 
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. 
6 u s e 101 note. 
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 emplo3mient 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 occup3dng a position at level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code. 
6 u s e 101 note. 
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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2413 
(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 
6 USC 101 note. 
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. 
6USC101note. 
(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 Deadline, 
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. 
6 USC 101 note. 
(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". 
Homeland 
Security 
Information 
Sharing Act. 
116 STAT. 2414 
PUBLIC LAW 107-306—NOV. 27, 2002 
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 Grovemment relies on State and local per-
sonnel to protect against terrorist attacks. 
(3) The Federal Grovemment 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 
President. 
HOMELAND SECURITY INFORMATION.—(1) The President shall pre-
scribe and implement procedures under which relevant Federal 
agencies determine— 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2415 
(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 imbrmation 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 
116 STAT. 2416 
PUBLIC LAW 107-306—NOV. 27, 2002 
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.— 
President. 
(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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2417 
(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 DeadUne. 
date of the enactment of this Act, the President shall submit to President, 
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. 
99-194 O - 03 - 27 : QL 3 Part 3 
116 STAT. 2418 
PUBLIC LAW 107-306—NOV. 27, 2002 
TITLE VIII—REPORTING 
REQUIREMENTS 
Subtitle A—Overdue Reports 
50 u s e 415b 
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 Vs. 
(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 
50 use 415b. 
"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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2419 
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 postemplo3mient 
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). 
116 STAT. 2420 
PUBLIC LAW 107-306—NOV. 27, 2002 
"(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 
(0(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)(l)). 
"(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, 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2421 
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 Deadline. 
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.". 
116 STAT. 2422 
PUBLIC LAW 107-306—NOV. 27, 2002 
Deadline. 
President. 
Deadline. 
President. 
Deadline. 
(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)(l)) is amended in the second sentence by striking 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2423 
"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 lo, 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 
Deadline. 
President. 
Deadline. 
President. 
116 STAT. 2424 
PUBLIC LAW 107-306—NOV. 27, 2002 
Deadline. 
Reports. 
Deadline. 
Reports. 
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): 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2425 
"(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. 
229 l-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): 
116 STAT. 2426 
PUBLIC LAW 107-306—NOV. 27, 2002 
"(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 suljparagraph (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 t)N THREAT OF ATTACK ON THE UNITED 
STATES USING WEAPONS OF MASS DESTRUCTION. 
Section 114 of the National Security Act of 1947, as amended 
50 use 404i. 
by section 353(h)(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): 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2427 
"(d) ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED 
STATES USING WEAPONS OF MASS DESTRUCTION.—<1) Not later each Deadline, 
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— 
50 USC 404i. 
(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 Deadline. 
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 
Deadline. 
50 USC 404i-l. 
116 STAT. 2428 
PUBLIC LAW 107-306—NOV. 27, 2002 
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)).". 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2429 
(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 tiie 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 ofiice 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- 
21 USC 873 note. 
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 
116 STAT. 2430 
PUBLIC LAW 107-306—NOV. 27, 2002 
(2) the congressional intelligence committees (as defined 
in section 3 of the National Security Act of 1947 (50 U.S.C. 
401a)). 
50USC404n-3. 
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, 
Gk)vernment 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. 
Deadline. 
(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— 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2431 
(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- 
22 USC 4861 
MENT OF STATE ON PROTECTION OF CLASSIFIED 
note. 
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). Deadline, 
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(])), 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 
116 STAT. 2432 
PUBLIC LAW 107-306—NOV. 27, 2002 
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). 
if) ANNUAL REPORT ON SPECIAL POLICE AUTHORITY FOR THE 
NATIONAL SECURITY AoENCY.^^ection 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". 
Counter-
intelligence 
TITLE IX~-COUNTERINTELLIGENGE 
Enhancement 
A l - / 1 1 V 1 1 1 Hi O 
Act of 2002. 
SEC. 901. SHORT TITLE; PURPOSE. 
50 use 401 note. 
(a) SHORT TITLE.—^This title may be cited as the "Counterintel-
ligence Enhancement Act of 2002". 
50 use 402b 
(b) PURPOSE.—^The purpose of this title is to facilitate the 
note. 
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. 
50 use 402b. 
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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2433 
(3) To act as head of the Office of the National Counterintel-
Ugence 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 
116 STAT. 2434 
PUBLIC LAW 107-306—NOV. 27, 2002 
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.". 
50 use 402c. 
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 
Grovernment, 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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2435 
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. 
if) 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. 
116 STAT. 2436 
PUBLIC LAW 107-306—NOV. 27, 2002 
(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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2437 
(j) CONTRACTS.—(1) Subject to paragraph (2), the National 
CounterintelHgence 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. 
(1) 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. 
50 USC 401 note. 
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 
116 STAT. 2438 
PUBLIC LAW 107-306—NOV. 27, 2002 
research and development activities to ensure a unified and 
coherent research and development program across the entire 
intelligence community. 
50 use 401 note. 
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 individuEils 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 policjnnakers 
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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2439 
(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; 
116 STAT. 2440 
PUBLIC LAW 107-306—NOV. 27, 2002 
(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 
Grovernment; 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. 
50 u s e 401 note. 
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. 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2441 
(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, facihties, 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. 
50 USC 401 note. 
(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. 
116 STAT. 2442 
PUBLIC LAW 107-306—NOV. 27, 2002 
50 u s e 401 note. 
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. 
50 u s e 401 note. 
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. 
50 u s e 401 note. 
SEC. 1007. FINAL REPORT; TERMINATION. 
DeadHne. 
(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. 
50 u s e 401 note. 
SEC. 1008. ASSESSMENTS OF FINAL REPORT. 
Deadline. 
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 
PUBLIC LAW 107-306—NOV. 27, 2002 
116 STAT. 2443 
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- 
50 USC 401 note. 
SIGNS. 
(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. 
50 USC 401 note. 
(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, 
50 USC 401 note. 
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. 
116 STAT. 2444 
PUBLIC LAW 107-306—NOV. 27, 2002 
(2) 
INTELLIGENCE 
COMMUNITY.—The term 
"intelligence 
community" has the meaning given that term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
Approved November 27, 2002. 
LEGISLATIVE HISTORY—H.R. 4628 (S. 2506): 
HOUSE REPORTS: Nos. 107-592 (Permanent Select Comm. on Intelligence) and 
107-789 (Comm. of Conference). 
SENATE REPORTS: Nos. 107-149 (Select Comm. on Intelligence) and 107-208 
(Comm. on Armed Services) both accompanying S. 2506. 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
July 24, considered and passed House. 
Sept. 25, considered and passed Senate, amended, in lieu of S. 2506. 
Nov. 14, House agreed to conference report. 
Nov. 15, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Nov. 27, Presidential remarks and statement.