[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4628 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4628

_______________________________________________________________________

                                 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 ``Intelligence 
Authorization Act for Fiscal Year 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for 
                            fiscal year 2002.
Sec. 106. Limitation on intelligence and intelligence-related 
                            activities.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of Congress on intelligence community contracting.
Sec. 304. Semiannual report on financial intelligence on terrorist 
                            assets (FITA).
Sec. 305. Modification of excepted agency voluntary leave transfer 
                            authority.
Sec. 306. Additional one-year suspension of reorganization of 
                            Diplomatic Telecommunications Service 
                            Program Office.
Sec. 307. Prohibition on compliance with requests for information 
                            submitted by foreign governments.
Sec. 308. Cooperative relationship between the National Security 
                            Education Program and the Foreign Language 
                            Center of the Defense Language Institute.
Sec. 309. Establishment of National Flagship Language Initiative within 
                            the National Security Education Program.
Sec. 310. Deadline for submittal of various overdue reports.
Sec. 311. Report on establishment of a Civilian Linguist Reserve Corps.
Sec. 312. Sense of Congress on diversity in the workforce of 
                            intelligence community agencies.
Sec. 313. Annual report on hiring and retention of minority employees 
                            in the intelligence community.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Two-year extension of Central Intelligence Agency Voluntary 
                            Separation Pay Act.
Sec. 402. Prohibition on implementation of compensation reform plan.
         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Use of funds for counter-drug and counterterrorism activities 
                            for Colombia.
Sec. 502. Protection of operational files of the National 
                            Reconnaissance Office.
Sec. 503. Eligibility of employees in intelligence senior level 
                            positions for Presidential Rank Awards.
  TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                STATES.

Sec. 601. Establishment of Commission.
Sec. 602. Composition of the Commission.
Sec. 603. Functions of the Commission.
Sec. 604. Powers of the Commission.
Sec. 605. Staff of the Commission.
Sec. 606. Compensation and travel expenses.
Sec. 607. Security clearances for Commission members and staff.
Sec. 608. Reports of the Commission; termination.
Sec. 609. Authorization of appropriations.
                     TITLE VII--INFORMATION SHARING

Sec. 701. Short title.
Sec. 702. Findings and sense of Congress.
Sec. 703. Facilitating homeland security information sharing 
                            procedures.
Sec. 704. Report.
Sec. 705. Authorization of appropriations.
Sec. 706. Authority to share grand jury information.
Sec. 707. Authority to share electronic, wire, and oral interception 
                            information.
Sec. 708. Foreign intelligence information.
Sec. 709. Information acquired from an electronic surveillance.
Sec. 710. Information acquired from a physical search.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2003 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the 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.
            (11) The National Imagery and Mapping Agency.
            (12) The Coast Guard.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2003, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the bill H.R. 4628 of the One 
Hundred Seventh Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2003 under section 102 when 
the Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 2 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. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 2003 the sum of $176,179,000. 
Within such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for the Advanced Research 
and Development Committee shall remain available until September 30, 
2004.
    (b) Authorized Personnel Levels.--The elements within the Community 
Management Account of the Director of Central Intelligence are 
authorized 350 full-time personnel as of September 30, 2003. Personnel 
serving in such elements may be permanent employees of the Community 
Management Account or personnel detailed from other elements of the 
United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Community 
        Management Account by subsection (a), there are also authorized 
        to be appropriated for the Community Management Account for 
        fiscal year 2003 such additional amounts as are specified in 
        the classified Schedule of Authorizations referred to in 
        section 102(a). Such additional amounts shall remain available 
        until September 30, 2004.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Community Management Account as of September 30, 2003, there 
        are hereby authorized such additional personnel for such 
        elements as of that date as are specified in the classified 
        Schedule of Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2003 
any officer or employee of the United States or a member of the Armed 
Forces who is detailed to the staff of the Community Management Account 
from another element of the United States Government shall be detailed 
on a reimbursable basis, except that any such officer, employee, or 
member may be detailed on a nonreimbursable basis for a period of less 
than one year for the performance of temporary functions as required by 
the Director of Central Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be 
        appropriated 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 
        evaluation purposes shall remain available until September 30, 
        2003, and funds provided for procurement purposes shall remain 
        available until September 30, 2004.
            (2) Transfer of funds.--The Director of Central 
        Intelligence shall transfer to the Attorney General funds 
        available for the National Drug Intelligence Center under 
        paragraph (1). The Attorney General shall utilize funds so 
        transferred for the activities of the National Drug 
        Intelligence Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used in contravention of the 
        provisions of section 103(d)(1) of the National Security Act of 
        1947 (50 U.S.C. 403-3(d)(1)).
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.

SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
              FISCAL YEAR 2002.

    (a) Authorization.--Amounts authorized to be appropriated for 
fiscal year 2002 under section 101 of the Intelligence Authorization 
Act for Fiscal Year 2002 (Public Law 107-108) for the conduct of the 
intelligence activities of elements of the United States Government 
listed in such section are hereby increased, with respect to any such 
authorized amount, by the amount by which appropriations pursuant to 
such authorization were increased by the following:
            (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) An emergency supplemental appropriation in a 
        supplemental appropriations Act for fiscal year 2002 that is 
        enacted after May 1, 2002, amounts as are designated by 
        Congress as an emergency 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 Act 
referred to in subsection (a)(1) and by the supplemental appropriations 
Act referred to in subsection (a)(2) is hereby ratified and confirmed.

SEC. 106. LIMITATION ON INTELLIGENCE AND INTELLIGENCE-RELATED 
              ACTIVITIES.

    (a) In General.--Subject to subsection (b), the amounts requested 
in the letter dated July 03, 2002, of the President to the Speaker of 
the House of Representatives, related to the Defense Emergency Response 
Fund and that are designated for the incremental 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 
        threatened acts of terrorism;
            (2) are not authorized to correct programmatic or fiscal 
        deficiencies in major acquisition programs which have not 
        achieved 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 
        Appropriations of the Senate and the Permanent Select Committee 
        on Intelligence and the Committee on Appropriations of the 
        House of Representatives.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2003 the sum of 
$351,300,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of Congress that the Director of Central 
Intelligence should continue to direct that elements of the 
intelligence community, whenever compatible with the 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.

SEC. 304. 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. 401 et seq.) is amended by adding at the end 
        the following new section:

   ``semiannual report on financial intelligence on terrorist assets

    ``Sec. 118. (a) Semiannual Report.--On a semiannual basis, the 
Secretary of the Treasury (acting through the head of the Office of 
Intelligence Support) shall submit a report to the appropriate 
congressional committees (as defined in subsection (c)) that fully 
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, 
        residences, 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 Unit 
        (managed and coordinated by the Counterterrorism Center of the 
        Central Intelligence Agency).
    ``(b) Immediate Notification for Emergency Designation.--In the 
case of a designation of an 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) Definition.--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. 305. 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 annual leave accrued or 
accumulated by such employee to, or permitting such employee to receive 
transferred leave from, an employee of any other agency (including 
another excepted agency having a program under this subsection).
    ``(2) To the extent practicable and consistent with the protection 
of intelligence sources and methods, any program established under 
paragraph (1) shall be consistent with the provisions of this 
subchapter outside of this section and with any regulations issued by 
the Office of Personnel Management implementing this subchapter.''.
    (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 
        Management''.

SEC. 306. ADDITIONAL ONE-YEAR SUSPENSION OF REORGANIZATION OF 
              DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.

    Section 311 of the Intelligence Authorization Act for Fiscal Year 
2002 (Public Law 107-108; 22 U.S.C. 7301 note; 115 Stat. 1401) is 
amended--
            (1) in the heading, by striking ``ONE-YEAR'' and inserting 
        ``TWO-YEAR''; and
            (2) in the text, by striking ``October 1, 2002'' and 
        inserting ``October 1, 2003''.

SEC. 307. PROHIBITION ON COMPLIANCE WITH REQUESTS FOR INFORMATION 
              SUBMITTED BY FOREIGN GOVERNMENTS.

    Section 552(a)(3) of title 5, United States Code, is amended--
            (1) in subparagraph (A) by inserting ``and except as 
        provided in subparagraph (E),'' after ``of this subsection,''; 
        and
            (2) by adding at the end the following:
    ``(E) An agency, or part of an agency, that is an 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--
            ``(i) any government entity, other than a State, territory, 
        commonwealth, or district of the United States, or any 
        subdivision thereof; or
            ``(ii) a representative of a government entity described in 
        clause (i).''.

SEC. 308. 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 additive instructional costs.
    ``(2) Except as the Secretary determines necessary, an award 
recipient who receives instruction at the Center shall be subject to 
the same regulations with respect to attendance, discipline, discharge, 
and dismissal as apply to other persons attending the Center.
    ``(3) In this subsection, the term `award recipient' means an 
undergraduate student who has been awarded a scholarship under 
subsection (a)(1)(A) or a graduate student who has been a fellowship 
under subsection (a)(1)(B) who--
            ``(A) is in good standing;
            ``(B) has completed all academic study in a foreign 
        country, as provided for under the scholarship or fellowship; 
        and
            ``(C) would benefit from instruction provided at the 
        Center.''.

SEC. 309. ESTABLISHMENT OF NATIONAL FLAGSHIP LANGUAGE INITIATIVE WITHIN 
              THE NATIONAL SECURITY EDUCATION PROGRAM.

    (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 
                subparagraph:
                    ``(D) awarding grants to institutions of higher 
                education to carry out a National Flagship Language 
                Initiative (described in subsection (i)).''.
            (2) Provisions of national flagship language initiative.--
        Such section, as amended by section 308, is further amended by 
        adding at the end the following new subsection:
    ``(i) National Flagship Language Initiative.--(1) Under the 
National Flagship Language Initiative, institutions of higher learning 
shall establish, operate, or improve activities designed to train 
students in programs in a range of disciplines to achieve advanced 
levels of proficiency in those foreign languages that the Secretary 
identifies as being the most critical in the interests of the national 
security of the United States.
    ``(2) 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) may participate in the activities 
carried out under the National Flagship Language Initiative.
    ``(3) An institution of higher education that receives a grant 
pursuant to subsection (a)(1)(D) shall give special consideration to 
applicants who are employees of the 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) Waiver of funding allocation rules.--Subsection (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 
        Language Initiative, see section 811.''.
            (4) Board requirement.--Section 803(d)(4) of such Act (50 
        U.S.C. 1904(d)(4)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) which foreign languages are critical to the 
                national security interests of the United States for 
                purposes of section 802(a)(1)(D) (relating to grants 
                for the National Flagship 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 APPROPRIATIONS.

    ``(a) In General.--In addition to amounts that may be made 
available to the Secretary under the National Security Education Trust 
Fund (under section 804 of this Act) for a fiscal year, there is 
authorized to be appropriated to the Secretary for each fiscal year, 
beginning with fiscal year 2003, $10,000,000, to carry out the grant 
program for the National Flagship Language Initiative under section 
802(a)(1)(D).
    ``(b) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to the authorization under subsection (a) shall remain 
available until expended.''.

SEC. 310. DEADLINE FOR SUBMITTAL OF VARIOUS 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 subsection 
(c) are not submitted to Congress by the date specified in subsection 
(a), amounts available to be obligated or expended after that date to 
carry out the functions or duties of the following offices shall be 
reduced by \1/3\:
            (A) The Office of the Director of Central Intelligence.
            (B) The Office of Community Management Staff.
    (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, or 
coordinate, and submit to Congress which, as of the date of the 
enactment of this Act, have not been submitted to Congress by the date 
mandated by law.

SEC. 311. REPORT ON ESTABLISHMENT OF A CIVILIAN 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 appropriate.
    (b) Matters considered.--
            (1) In general.--In conducting the study, the Secretary 
        shall develop a proposal for the structure and operations of 
        the Civilian Linguist Reserve Corps. The proposal shall 
        establish requirements for performance of duties and levels of 
        proficiency in foreign languages of the members of the Civilian 
        Linguist Reserve Corps, including maintenance of language 
        skills and specific training required for performance of duties 
        as a linguist of the Federal Government, and shall include 
        recommendations on such other matters as the Secretary 
        determines appropriate.
            (2) Consideration of use of defense language institute and 
        language registries.--In developing the proposal under 
        paragraph (1), the Secretary shall consider the appropriateness 
        of using--
                    (A) the Defense Language Institute to conduct 
                testing for language skills proficiency and 
                performance, and to provide language 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 components of 
        the armed forces.--In developing the proposal under paragraph 
        (1), the Secretary shall consider the provisions of title 10, 
        United States Code, establishing and governing service in the 
        Reserve Components of the Armed Forces, as a model for the 
        Civilian Linguist Reserve Corps.
    (c) Completion of Report.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary shall submit to Congress 
the report prepared under subsection (a).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Defense $300,000 to carry out this 
section.

SEC. 312. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES 
              IN THE INTELLIGENCE COMMUNITY.

    Section 114 of the National Security Act of 1947 (50 U.S.C. 404i) 
is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Annual Report on Hiring and Retention of Minority 
Employees.--(1) The Director of Central Intelligence shall, on an 
annual basis, submit to Congress a report on the employment of covered 
persons within each element of the intelligence community for the 
preceding fiscal year.
    ``(2) Each such report shall include disaggregated data by category 
of covered person from each element of the intelligence community on 
the following:
            ``(A) Of all individuals employed in the element during the 
        fiscal year involved, the aggregate 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 individuals hired by the head of 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. 313. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF 
              INTELLIGENCE COMMUNITY AGENCIES.

    (a) Findings.--Congress finds the following:
            (1) The United States is engaged in a war against terrorism 
        that requires the active participation of the intelligence 
        community.
            (2) Certain intelligence agencies, among them the Federal 
        Bureau of Investigation and the Central Intelligence Agency, 
        have announced that they will be hiring several hundred new 
        agents to help 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 
        Security Agency were authorized to establish an undergraduate 
        training program for the purpose of recruiting and training 
        minority operatives in 1987.
            (5) The Defense Intelligence Agency was authorized to 
        establish an undergraduate training program for the purpose of 
        recruiting and training minority operatives in 1988.
            (6) The National Imagery and Mapping Agency was authorized 
        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 
        activities 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 
        National Security Agency, the Director of Defense Intelligence 
        Agency, and the Director of National Imagery and Mapping Agency 
        should increase their minority recruitment efforts through the 
        undergraduate training program provided for under law.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY 
              SEPARATION PAY ACT.

    Section 2 of the Central Intelligence Agency Voluntary Separation 
Pay Act (50 U.S.C. 403-4 note) is amended--
            (1) in subsection (f), by striking ``September 30, 2003'' 
        and inserting ``September 30, 2005''; and
            (2) in subsection (i), by striking ``or 2003'' and 
        inserting ``2003, 2004, or 2005''.

SEC. 402. PROHIBITION ON IMPLEMENTATION OF COMPENSATION REFORM PLAN.

    No plan by the Director of Central Intelligence that would revise 
the manner in which employees of the Central Intelligence Agency, or 
employees of other elements of the United States Government that 
conduct intelligence and intelligence-related activities, are 
compensated may be implemented until the plan has been specifically 
authorized by statute.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. USE OF FUNDS FOR COUNTER-DRUG AND COUNTERTERRORISM ACTIVITIES 
              FOR COLOMBIA.

    (a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for 
counter-drug activities for fiscal years 2002 and 2003, and any 
unobligated funds available to any element of the intelligence 
community for such activities for a prior fiscal year, shall be 
available to support a unified campaign against narcotics trafficking 
and against activities by organizations designated as terrorist 
organizations (such as the Revolutionary Armed Forces of Colombia 
(FARC), the National Liberation Army (ELN), and the United Self-Defense 
Forces of Colombia (AUC)), and to take actions to protect human health 
and welfare in emergency circumstances, including undertaking rescue 
operations.
    (b) Requirement for Certification.--(1) The authorities provided in 
subsection (a) shall not be 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 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 economic 
                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 
                additional Colombian financial and other resources to 
                implement 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 Committee 
on Appropriations of the House of Representatives and the Select 
Committee on Intelligence and the Committee on Appropriations of the 
Senate.
    (c) Termination of Authority.--The authority provided in subsection 
(a) shall cease to be effective if the Secretary of Defense has 
credible evidence that the 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.
    (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 Personnel.--No 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available under this 
section, except for the purpose of acting in self defense or rescuing 
any United States citizen to include United States Armed Forces 
personnel, United States civilian 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. 401 et seq.) is amended by inserting after section 105C (50 
U.S.C. 403-5c) the following new section:

``protection of operational files of the national reconnaissance office

    ``Sec. 105D. (a) Exemption of Certain Operational Files From 
Search, Review, Publication, or Disclosure.--(1) The Director of the 
National Reconnaissance Office, with the coordination 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 publication, disclosure, search, or 
review in connection therewith.
    ``(2)(A) Subject to subparagraph (B), for the purposes of this 
section, the term `operational files' means files of the National 
Reconnaissance Office (hereafter in this section referred to as `NRO') 
that document the means by which foreign intelligence or 
counterintelligence is collected through scientific and technical 
systems.
    ``(B) Files which are the sole repository of disseminated 
intelligence 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 
        themselves pursuant to the provisions of section 552 or 552a of 
        title 5, United States Code;
            ``(B) any special activity the existence of which is not 
        exempt from disclosure under the provisions of section 552 of 
        title 5, United States Code; or
            ``(C) the specific subject matter of an investigation by 
        any of the following for any impropriety, or violation of law, 
        Executive order, or Presidential directive, in the conduct of 
        an intelligence activity:
                    ``(i) The Permanent Select Committee on 
                Intelligence of the House of Representatives.
                    ``(ii) The Select Committee on Intelligence of the 
                Senate.
                    ``(iii) The Intelligence Oversight Board.
                    ``(iv) The Department of Justice.
                    ``(v) The Office of General Counsel of NRO.
                    ``(vi) The Office of the Director of NRO.
    ``(4)(A) Files that are not exempted under paragraph (1) which 
contain information derived or disseminated from exempted operational 
files shall be subject to search and review.
    ``(B) The inclusion of information from exempted operational files 
in files that are not exempted under 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 provided 
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 information shall be examined ex parte, in camera by the 
        court.
            ``(ii) The court shall, to the fullest extent practicable, 
        determine the issues of fact based on sworn written submissions 
        of the parties.
            ``(iii) When a complainant alleges that requested records 
        are improperly withheld because of improper placement solely in 
        exempted operational files, the complainant shall support such 
        allegation with a sworn written submission based upon personal 
        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 
        operational files likely to contain responsible records 
        currently perform the functions set forth in paragraph (2).
            ``(II) The court may not order NRO to review the content of 
        any exempted operational file or files in order to make the 
        demonstration required under subclause (I), unless the 
        complainant disputes NRO's showing with a sworn written 
        submission based on personal knowledge or otherwise admissible 
        evidence.
            ``(v) In proceedings under clauses (iii) and (iv), the 
        parties may not obtain discovery pursuant to rules 26 through 
        36 of the Federal Rules of Civil Procedure, except that 
        requests for admissions may be made pursuant to rules 26 and 
        36.
            ``(vi) If the court finds under this paragraph that NRO has 
        improperly withheld requested records because of failure to 
        comply with any provision of this subsection, the court shall 
        order NRO to search and review the appropriate exempted 
        operational file or files for the requested records and make 
        such records, or portions thereof, available in accordance with 
        the provisions of section 552 of title 5, United States Code, 
        and such order shall be the exclusive remedy for failure to 
        comply with this subsection.
            ``(vii) If at any time following the filing of a complaint 
        pursuant to this paragraph NRO agrees to search the appropriate 
        exempted operational file or files for the requested records, 
        the court shall 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 exemptions.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of the particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant that alleges that NRO has improperly withheld 
records because of failure to comply with this subsection may seek 
judicial review in the district court of the United States of the 
district in which any of the parties reside, or in the District of 
Columbia. In such a proceeding, the court's review shall be limited to 
determining the following:
            ``(A) Whether NRO has conducted the review required by 
        paragraph (1) before the expiration of the 10-year period 
        beginning on the date of the 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 contents contained in the 
first section of such Act is amended by inserting after the item 
relating to section 105C the following new item:

``Sec. 105D. Protection of operational files of the National 
                            Reconnaissance Office.''.

SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTELLIGENCE SENIOR LEVEL 
              POSITIONS FOR PRESIDENTIAL RANK AWARDS.

    Section 1607 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Award of Rank to Employees in Intelligence Senior Level 
Positions.--The President, based on the recommendations of the 
Secretary of Defense, may award a rank referred to in section 4507a of 
title 5 to employees in Intelligence Senior Level positions designated 
under subsection (a). The award of such rank shall be made in a manner 
consistent with the provisions of that section.''.

  TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                 STATES

SEC. 601. ESTABLISHMENT OF COMMISSION.

    There is established the National Commission on Terrorist Attacks 
Upon the United States (in this title referred to as the 
``Commission'').

SEC. 602. COMPOSITION OF THE COMMISSION.

    (a) Members.--Subject to the requirements of subsection (b), the 
Commission shall be composed of 10 members, of whom--
            (1) 3 members shall be appointed by the majority leader of 
        the Senate;
            (2) 3 members shall be appointed by the Speaker of the 
        House of Representatives;
            (3) 2 members shall be appointed by the minority leader of 
        the Senate; and
            (4) 2 members shall be appointed by the minority leader of 
        the House of Representatives.
    (b) Qualifications.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--No member of the 
        Commission shall be an officer or 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 prominent 
        United States citizens, with national recognition and 
        significant depth of experience in such professions as 
        governmental service and intelligence gathering.
            (4) Representation of family members of victims of 
        terrorist attacks.--Of the members appointed under paragraphs 
        (1) and (2) of subsection (a), at least one member appointed 
        under each such paragraph shall be a member of the family, or a 
        representative designated by such a family or families, of an 
        individual who died in the terrorist attacks against the United 
        States which occurred on September 11, 2001.
    (c) Chairperson; Vice Chairperson.--
            (1) In general.--Subject to the requirement of paragraph 
        (2), the Chairperson and Vice Chairperson of the Commission 
        shall be elected by the members.
            (2) Political party affiliation.--The Chairperson and Vice 
        Chairperson shall not be from the same political party.
    (d) Initial Meeting.--If 60 days after the date of enactment of 
this Act, 6 or more members of the Commission have been appointed, 
those members who have been appointed may meet and, if necessary, 
select a temporary Chairperson and Vice Chairperson, who may begin the 
operations of the Commission, including the hiring of staff.
    (e) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the Chairperson or a majority of its 
members. Six members of the Commission shall constitute a quorum. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner in which the original appointment was made.

SEC. 603. FUNCTIONS OF THE COMMISSION.

    (a) In General.--The functions of the Commission are to--
            (1) review the implementation by the intelligence community 
        of the findings, conclusions, and recommendations of--
                    (A) the Joint Inquiry of the Select Committee on 
                Intelligence of the Senate and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives regarding the terrorist attacks against 
                the United States which occurred on September 11, 2001;
                    (B) other reports and investigations of the House 
                Permanent Select Committee on Intelligence of the House 
                of Representatives and the Senate Select Committee on 
                Intelligence of the Senate; and
                    (C) other such executive branch, congressional, or 
                independent commission investigations of such the 
                terrorist attacks or the intelligence community;
            (2) make recommendations on additional actions for 
        implementation of the findings, recommendations and conclusions 
        referred to in paragraph (1);
            (3) review resource allocation and other prioritizations of 
        the intelligence community for counterterrorism and make 
        recommendations for such changes in those allocations and 
        prioritization to ensure that counterterrorism receives 
        sufficient attention and support from the intelligence 
        community;
            (4) review and recommend changes to the organization of the 
        intelligence community, in particular the division of agencies 
        under the jurisdiction of the Secretary of Defense and the 
        Director of Central Intelligence, the dual responsibilities of 
        the Director of Central Intelligence as head of the 
        intelligence community and as head of the Central Intelligence 
        Agency, and the separation of agencies with responsibility for 
        intelligence collection, analysis, and dissemination; and
            (5) determine what technologies, procedures, and 
        capabilities are needed for the intelligence community to 
        effectively support and conduct future counterterrorism 
        missions, and recommend how these capabilities should be 
        developed, acquired, or both from entities outside the 
        intelligence community, including from private entities.
    (b) Definition of Intelligence Community.--In this section, the 
term ``intelligence community'' means--
            (1) the Office of the Director of Central Intelligence, 
        which shall include the Office of the Deputy Director of 
        Central Intelligence and the National Intelligence Council;
            (2) the Central Intelligence Agency;
            (3) the National Security Agency;
            (4) the Defense Intelligence Agency;
            (5) the National Imagery and Mapping Agency
            (6) the National Reconnaissance Office;
            (7) other offices within the Department of Defense for the 
        collection of specialized national intelligence through 
        reconnaissance programs;
            (8) the intelligence elements of the Army, the Navy, the 
        Air Force, the Marine Corps, the Federal Bureau of 
        Investigation, the Department of the Treasury, the Department 
        of Energy, and the Coast Guard;
            (9) the Bureau of Intelligence and Research of the 
        Department of State; and
            (10) such other elements of any other department or agency 
        as are designated by the President, or designated jointly by 
        the Director of Central Intelligence and the head of the 
        department or agency concerned, as an element of the 
        intelligence community under section 3(4)(J) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4)(J)).

SEC. 604. POWERS OF THE COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for purposes of 
carrying out this title--
            (1) hold hearings, sit and act at times and places, take 
        testimony, receive evidence, and administer oaths; and
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of witnesses and the production of books, records, 
        correspondence, memoranda, papers, and documents.
    (b) Subpoenas.--
            (1) Service.--Subpoenas issued under subsection (a)(2) may 
        be served by any person designated by the Commission.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under subsection 
                (a)(2), 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.
                    (B) Additional enforcement.--Sections 102 through 
                104 of the Revised Statutes of the United States (2 
                U.S.C. 192 through 194) shall apply in the case of any 
                failure of any witness to comply with any subpoena or 
                to testify when summoned under authority of this 
                section.
    (c) Closed Meetings.--Notwithstanding any other provision of law 
which would require meetings of the Commission to be open to the 
public, any portion of a meeting of the Commission may be closed to the 
public if the President determines that such portion is likely to 
disclose matters that could endanger national security.
    (d) 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.
    (e) Information From Federal Agencies.--The Commission may secure 
directly from any department, agency, or instrumentality of the United 
States any information related to any inquiry of the Commission 
conducted under this title. Each such department, agency, or 
instrumentality shall, to the extent authorized by law, furnish such 
information directly to the Commission upon request.
    (f) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        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 are authorized to provide to the 
        Commission such services, funds, facilities, staff, and other 
        support services as they may determine advisable and as may be 
        authorized by law.
    (g) Gifts.--The Commission may, to such extent and in such amounts 
as are provided in appropriation Acts, accept, use, and dispose of 
gifts or donations of services or property.
    (h) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
    (i) Powers of Subcommittees, Members, and Agents.--Any 
subcommittee, member, or agent of the Commission may, if authorized by 
the Commission, take any action which the Commission is authorized to 
take by this section.

SEC. 605. STAFF OF THE COMMISSION.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Chairperson and the Vice Chairperson, acting jointly.
    (b) Staff.--The Chairperson, in consultation with the Vice 
Chairperson, may appoint additional personnel as may be necessary to 
enable the Commission to carry out its functions.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates, except that 
no rate of pay fixed under this 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. Any individual appointed 
under subsection (a) or (b) shall be treated as an employee for 
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
    (d) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (e) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 606. 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.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, 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. 607. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate executive departments and agencies shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances in a manner 
consistent with existing procedures and requirements, except that no 
person shall be provided with access to classified information under 
this section who would not otherwise qualify for such security 
clearance.

SEC. 608. REPORTS OF THE COMMISSION; TERMINATION.

    (a) Initial Report.--Not later than 1 year after the date of the 
first meeting of the Commission, the Commission shall submit to the 
President and Congress an initial report containing--
            (1) such findings, conclusions, and recommendations for 
        corrective measures as have been agreed to by a majority of 
        Commission members; and
            (2) such findings, conclusions, and recommendations 
        regarding the scope of jurisdiction of, and the allocation of 
        jurisdiction among, the committees of Congress with oversight 
        responsibilities related to the scope of the investigation of 
        the Commission as have been agreed to by a majority of 
        Commission members.
    (b) Final Report.--Not later than 6 months after the submission of 
the initial report of the Commission, the Commission shall submit to 
the President and Congress a final report containing such updated 
findings, conclusions, and recommendations described in paragraphs (1) 
and (2) of subsection (a) as have been agreed to by a majority of 
Commission members.
    (c) Noninterference With Congressional Joint Inquiry.--
Notwithstanding subsection (a), the Commission shall not submit any 
report of the Commission until a reasonable period after the conclusion 
of the Joint Inquiry of the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of the House 
of Representatives regarding the terrorist attacks against the United 
States which occurred on September 11, 2001.
    (d) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this title, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the second report.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission to carry 
out this title $3,000,000, to remain available until expended.

                     TITLE VII--INFORMATION SHARING

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Homeland Security Information 
Sharing Act''.

SEC. 702. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) The Federal Government is required by the Constitution 
        to provide for the common defense, which includes terrorist 
        attack.
            (2) The Federal Government relies on State and local 
        personnel to protect against terrorist attack.
            (3) The Federal Government collects, creates, manages, and 
        protects classified and sensitive but unclassified information 
        to enhance homeland security.
            (4) Some homeland security information is needed by the 
        State and local personnel to prevent and prepare for terrorist 
        attack.
            (5) The needs of State and local personnel to have access 
        to relevant homeland security 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 governments 
        and agencies in other jurisdictions may benefit from such 
        information.
            (10) Federal, State, and local governments and 
        intelligence, law enforcement, and other emergency preparation 
        and response agencies must act in 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 
        information should avoid duplicating existing information 
        systems.
    (b) Sense of Congress.--It is the sense of Congress that Federal, 
State, and local entities should share homeland security information to 
the maximum extent practicable, with special emphasis on hard-to-reach 
urban and rural communities.

SEC. 703. FACILITATING HOMELAND SECURITY INFORMATION SHARING 
              PROCEDURES.

    (a) Procedures for Determining Extent of Sharing of Homeland 
Security Information.--
            (1) The President shall prescribe and implement procedures 
        under which relevant Federal agencies determine--
                    (A) whether, how, and to what extent homeland 
                security information may be shared with appropriate 
                State and local personnel, and with which such 
                personnel it may be shared;
                    (B) how to identify and safeguard 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 information, 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 
        requirements for the classification and safeguarding of 
        classified information.
            (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 
        security 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 organization, position of a recipient 
                within an organization, or a recipient's need to know 
                such information;
                    (C) be configured to allow the efficient and 
                effective sharing of information; and
                    (D) be accessible to appropriate State and local 
                personnel.
            (3) The procedures prescribed under paragraph (1) shall 
        establish conditions on the use of information shared under 
        paragraph (1)--
                    (A) to limit the redissemination of such 
                information to ensure that such information is not used 
                for an unauthorized purpose;
                    (B) to ensure the security and confidentiality of 
                such information;
                    (C) to protect the constitutional and statutory 
                rights of any individuals who are subjects of such 
                information; and
                    (D) to provide data integrity through the timely 
                removal and destruction of obsolete or erroneous names 
                and information.
            (4) The procedures prescribed under paragraph (1) shall 
        ensure, to the greatest extent practicable, that the 
        information sharing system through which information is shared 
        under such paragraph include existing information sharing 
        systems, including, but not limited to, the National Law 
        Enforcement Telecommunications System, the Regional Information 
        Sharing System, and the Terrorist Threat Warning System of the 
        Federal Bureau of Investigation.
            (5) Each appropriate Federal agency, as determined by the 
        President, shall have access to each information sharing system 
        through which information is shared under paragraph (1), and 
        shall therefore have access to all information, as appropriate, 
        shared under such paragraph.
            (6) The procedures prescribed under paragraph (1) shall 
        ensure that appropriate State and local personnel are 
        authorized to use such information sharing systems--
                    (A) to access information shared with such 
                personnel; and
                    (B) to share, with others who have access to such 
                information sharing systems, the 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 
        Central Intelligence and the Attorney General, each appropriate 
        Federal agency, as determined by the President, shall review 
        and assess the information shared under paragraph (6) and 
        integrate such information with existing intelligence.
    (c) Sharing of Classified Information and Sensitive but 
Unclassified Information With State and Local Personnel.--
            (1) The President shall prescribe procedures under which 
        Federal agencies may, to the extent the President considers 
        necessary, share with appropriate State and local personnel 
        homeland security information that remains classified or 
        otherwise protected after the determinations prescribed under 
        the procedures set forth in subsection (a).
            (2) It is the sense of Congress that such procedures may 
        include one or more of the following means:
                    (A) Carrying out security clearance investigations 
                with respect to appropriate State and local personnel.
                    (B) With respect to information that is sensitive 
                but unclassified, entering into nondisclosure 
                agreements with appropriate State and local personnel.
                    (C) Increased use of information-sharing 
                partnerships that include appropriate State and local 
                personnel, such as the Joint Terrorism Task Forces of 
                the Federal Bureau of Investigation, the Anti-Terrorism 
                Task Forces of the Department of Justice, and regional 
                Terrorism Early Warning Groups.
    (d) Responsible Officials.--For each affected Federal agency, the 
head of such agency shall designate an official to administer this Act 
with respect to such agency.
    (e) Federal Control of Information.--Under procedures prescribed 
under this section, information 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 information shall not apply to 
such information.
    (f) Definitions.--As used in this section:
            (1) The term ``homeland security information'' means any 
        information (other than information that includes individually 
        identifiable information 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.
            (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 attack:
                    (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 
                personnel.
                    (F) Employees of private-sector entities that 
                affect critical infrastructure, cyber, economic, or 
                public health security, as designated by the Federal 
                government in procedures developed pursuant to this 
                section.
            (4) The term ``State'' includes the District of Columbia 
        and any commonwealth, territory, or possession of the United 
        States.

SEC. 704. REPORT.

    (a) Report Required.--Not later than 12 months after the date of 
the enactment of this Act, the President shall submit to the 
congressional committees specified in subsection (b) a report on the 
implementation of section 703. The report shall include any 
recommendations for additional measures or appropriation requests, 
beyond the requirements of section 703, to increase the effectiveness 
of sharing of information between and among Federal, State, and local 
entities.
    (b) Specified Congressional Committees.--The congressional 
committees referred to in subsection (a) are the following committees:
            (1) The Permanent Select Committee on Intelligence and the 
        Committee on the Judiciary of the House of Representatives.
            (2) The Select Committee on Intelligence and the Committee 
        on the Judiciary of the Senate.

SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out section 703.

SEC. 706. AUTHORITY TO SHARE GRAND JURY INFORMATION.

    Rule 6(e) of the Federal Rules of Criminal Procedure is amended--
            (1) in paragraph (2), by inserting ``, or of guidelines 
        jointly issued by the Attorney General and Director of Central 
        Intelligence pursuant to Rule 6,'' after ``Rule 6''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A)(ii), by inserting ``or of a 
                foreign government'' after ``(including personnel of a 
                state or subdivision of a state'';
                    (B) in subparagraph (C)(i)--
                            (i) in subclause (I), by inserting before 
                        the semicolon the following: ``or, upon a 
                        request by an attorney for the government, when 
                        sought by a foreign court or prosecutor for use 
                        in an official criminal investigation'';
                            (ii) in subclause (IV)--
                                    (I) by inserting ``or foreign'' 
                                after ``may disclose a violation of 
                                State'';
                                    (II) by inserting ``or of a foreign 
                                government'' after ``to an appropriate 
                                official of a State or subdivision of a 
                                State''; and
                                    (III) by striking ``or'' at the 
                                end;
                            (iii) by striking the period at the end of 
                        subclause (V) and inserting ``; or''; and
                            (iv) by adding at the end the following:
                            ``(VI) when matters involve a threat of 
                        actual or potential attack or other grave 
                        hostile acts of a foreign power or an agent of 
                        a foreign power, domestic or international 
                        sabotage, domestic or international terrorism, 
                        or clandestine intelligence gathering 
                        activities by an intelligence service or 
                        network of a foreign power or by an agent of a 
                        foreign power, within the United States or 
                        elsewhere, to any appropriate federal, state, 
                        local, or foreign government official for the 
                        purpose of preventing or responding to such a 
                        threat.''; and
                    (C) in subparagraph (C)(iii)--
                            (i) by striking ``Federal'';
                            (ii) by inserting ``or clause (i)(VI)'' 
                        after ``clause (i)(V)''; and
                            (iii) by adding at the end the following: 
                        ``Any state, local, or foreign official who 
                        receives information pursuant to clause (i)(VI) 
                        shall use that information only consistent with 
                        such guidelines as the Attorney General and 
                        Director of Central Intelligence shall jointly 
                        issue.''.

SEC. 707. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION 
              INFORMATION.

    Section 2517 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(7) Any investigative or law enforcement officer, or other 
Federal official in carrying out official duties, who by any means 
authorized by this chapter, has obtained knowledge of the contents of 
any wire, oral, or electronic communication, or evidence derived 
therefrom, may disclose such contents or derivative evidence to a 
foreign investigative or law enforcement officer to the extent that 
such disclosure is appropriate to the proper performance of the 
official duties of the officer making or receiving the disclosure, and 
foreign investigative or law enforcement officers may use or disclose 
such contents or derivative evidence to the extent such use or 
disclosure is appropriate to the proper performance of their official 
duties.
    ``(8) Any investigative or law enforcement officer, or other 
Federal official in carrying out official duties, who by any means 
authorized by this chapter, has obtained knowledge of the contents of 
any wire, oral, or electronic communication, or evidence derived 
therefrom, may disclose such contents or derivative evidence to any 
appropriate Federal, State, local, or foreign government official to 
the extent that such contents or derivative evidence reveals a threat 
of actual or potential attack or other grave hostile acts of a foreign 
power or an agent of a foreign power, domestic or international 
sabotage, domestic or international terrorism, or clandestine 
intelligence gathering activities by an intelligence service or network 
of a foreign power or by an agent of a foreign power, within the United 
States or elsewhere, for the purpose of preventing or responding to 
such a threat. Any official who receives information pursuant to this 
provision may use that information only as necessary in the conduct of 
that person's official duties subject to any limitations on the 
unauthorized disclosure of such information, and any State, local, or 
foreign official who receives information pursuant to this provision 
may use that information only consistent with such guidelines as the 
Attorney General and Director of Central Intelligence shall jointly 
issue.''.

SEC. 708. FOREIGN INTELLIGENCE INFORMATION.

    (a) Dissemination Authorized.--Section 203(d)(1) of the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001 (Public 
Law 107-56; 50 U.S.C. 403-5d) is amended by adding at the end the 
following: ``Consistent with the responsibility of the Director of 
Central Intelligence to protect intelligence sources and methods, and 
the responsibility of the Attorney General to protect sensitive law 
enforcement information, it shall be lawful for information revealing a 
threat of actual or potential attack or other grave hostile acts of a 
foreign power or an agent of a foreign power, domestic or international 
sabotage, domestic or international terrorism, or clandestine 
intelligence gathering activities by an intelligence service or network 
of a foreign power or by an agent of a foreign power, within the United 
States or elsewhere, obtained as part of a criminal investigation to be 
disclosed to any appropriate Federal, State, local, or foreign 
government official for the purpose of preventing or responding to such 
a threat. Any official who receives information pursuant to this 
provision may use that information only as necessary in the conduct of 
that person's official duties subject to any limitations on the 
unauthorized disclosure of such information, and any State, local, or 
foreign official who receives information pursuant to this provision 
may use that information only consistent with such guidelines as the 
Attorney General and Director of Central Intelligence shall jointly 
issue.''.
    (b) Conforming Amendments.--Section 203(c) of that Act is amended--
            (1) by striking ``section 2517(6)'' and inserting 
        ``paragraphs (6) and (8) of section 2517 of title 18, United 
        States Code,''; and
            (2) by inserting ``and (VI)'' after ``Rule 
        6(e)(3)(C)(i)(V)''.

SEC. 709. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.

    Section 106(k)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1806) is amended by inserting after ``law enforcement 
officers'' the following: ``or law enforcement personnel of a State or 
political subdivision of a State (including the chief executive officer 
of that State or political subdivision who has the authority to appoint 
or direct the chief law enforcement officer of that State or political 
subdivision)''.

SEC. 710. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.

    Section 305(k)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1825) is amended by inserting after ``law enforcement 
officers'' the following: ``or law enforcement personnel of a State or 
political subdivision of a State (including the chief executive officer 
of that State or political subdivision who has the authority to appoint 
or direct the chief law enforcement officer of that State or political 
subdivision)''.

            Passed the House of Representatives July 25 (legislative 
      day, July 24), 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                               H. R. 4628

_______________________________________________________________________

                                 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.