[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 2506 Reported in Senate (RS)]
107th CONGRESS
2d Session
S. 2506
[Report No. 107-149]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13 (legislative day, May 9), 2002
Mr. Graham, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and referred to the
Committee on Armed Services, pursuant to section 3(b) of Senate
Resolution 400, Ninety-fourth Congress, for a period not to exceed 30
days of session
_______________________________________________________________________
A BILL
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. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
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. Definition of congressional intelligence committees in
National Security Act of 1947.
Sec. 304. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism,
counterproliferation, counternarcotics, and
counterintelligence.
Sec. 305. Modification of authority to make funds for intelligence
activities available for other intelligence
activities.
Sec. 306. Clarification of authority to furnish information on
intelligence activities to Congress.
Sec. 307. Standardized transliteration of names into the Roman
alphabet.
Sec. 308. Standards and qualifications for the performance of
intelligence activities.
Sec. 309. Modification of David L. Boren National Security Education
Program.
Sec. 310. Scholarships and work-study for pursuit of graduate degrees
in science and technology.
Sec. 311. National Virtual Translation Center.
Sec. 312. Foreign Terrorist Asset Tracking Center.
Sec. 313. Terrorist Identification Classification System.
Sec. 314. Annual report on foreign companies involved in the
proliferation of weapons of mass
destruction that raise funds in the United
States capital markets.
Sec. 315. Two-year extension of Central Intelligence Agency Voluntary
Separation Pay Act.
Sec. 316. Additional one-year suspension of reorganization of
Diplomatic Telecommunications Service
Program Office.
TITLE IV--REPORTING REQUIREMENTS
Subtitle A--Submittal of Reports to Intelligence Committees
Sec. 401. Dates for submittal of various annual and semi-annual reports
to the congressional intelligence
committees.
Subtitle B--Recurring Annual Reports
Sec. 411. Annual assessment of satisfaction of intelligence community
with collection, analysis, and production
of intelligence.
Sec. 412. Annual report on threat of attack on the United States using
weapons of mass destruction.
Sec. 413. Annual report on covert leases.
Sec. 414. Annual report on improvement of financial statements of
certain elements of the intelligence
community for auditing purposes.
Sec. 415. Annual report on activities of Federal Bureau of
Investigation personnel outside the United
States.
Sec. 416. Annual reports of inspectors general of the intelligence
community on proposed resources and
activities of their offices.
Sec. 417. Annual report on counterdrug intelligence matters.
Subtitle C--Other Reports
Sec. 431. Evaluation of policies and procedures of Department of State
on protection of classified information at
department headquarters.
Subtitle D--Repeal of Certain Report Requirements
Sec. 441. Repeal of certain report requirements.
TITLE V--COUNTERINTELLIGENCE ACTIVITIES
Sec. 501. Short title; purpose.
Sec. 502. National Counterintelligence Executive.
Sec. 503. National Counterintelligence Policy Board.
Sec. 504. Office of the National Counterintelligence Executive.
TITLE VI--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
Sec. 601. Findings.
Sec. 602. National Commission for the Review of the Research and
Development Programs of the United States
Intelligence Community.
Sec. 603. Powers of Commission.
Sec. 604. Staff of Commission.
Sec. 605. Compensation and travel expenses.
Sec. 606. Treatment of information relating to national security.
Sec. 607. Final report; termination.
Sec. 608. Assessments of final report.
Sec. 609. Inapplicability of certain administrative provisions.
Sec. 610. Funding.
Sec. 611. 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 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 conference report on the bill
______ 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
Armed Services and Appropriations of the Senate and House of
Representatives, to Members of Congress who so request, 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. INTELLIGENCE 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 $157,979,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2004.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of Central
Intelligence are authorized 309 full-time personnel as of September 30,
2003. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are also
authorized to be appropriated for the Intelligence 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 for
research and development shall remain available until September
30, 2004.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence 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 Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $32,100,000 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,
2004, and funds provided for procurement purposes shall remain
available until September 30, 2005.
(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. 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
______ of the One Hundred Seventh Congress, in the classified annex to
this Act, in the report of the Senate to accompany the bill S.____ of
the 107th Congress, or in the report of the House of Representatives to
accompany the bill H.R.____ is hereby incorporated into this Act, and
is hereby made a requirement in law.
(b) Submittal Date.--The date for the submittal to the
congressional intelligence committees of any report referred to in
subsection (a), whether an annual report, semiannual report, or non-
recurring report, shall be as provided for a report of that type in
section 507 of the National Security Act of 1947, as added by section
401 of this Act.
(c) 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.
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
$223,300,000.
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. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES 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.''.
(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 113(c) (50 U.S.C. 404h(c)).
(B) Section 301(j) (50 U.S.C. 409a(j)).
(C) Section 801(b)(2) (50 U.S.C. 435(b)(2)).
(D) Section 903 (50 U.S.C. 441b).
(3) That Act is further amended by striking ``intelligence
committees'' and inserting ``congressional intelligence committees'' 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
following 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) is amended by striking
subsection (c) and inserting the following new subsection (c):
``(c) 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 Congress'' and inserting
``congressional intelligence committees''.
SEC. 304. SPECIFICITY OF NATIONAL FOREIGN INTELLIGENCE PROGRAM BUDGET
AMOUNTS FOR COUNTERTERRORISM, COUNTERPROLIFERATION,
COUNTERNARCOTICS, AND COUNTERINTELLIGENCE.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by adding at the end the following new
section:
``specificity of national foreign intelligence program budget amounts
for counterterrorism, counterproliferation, counternarcotics, and
counterintelligence
``Sec. 506. (a) In General.--The budget justification materials
submitted to Congress in support of the budget of the President for a
fiscal year that is submitted to Congress under section 1105(a) of
title 31, United States Code, shall set forth separately the aggregate
amount requested for that fiscal year for the National Foreign
Intelligence Program for each of the following:
``(1) Counterterrorism.
``(2) Counterproliferation.
``(3) Counternarcotics.
``(4) Counterintelligence.
``(b) Election of Classified or Unclassified Form.--Amounts set
forth under subsection (a) may be set forth in unclassified form or
classified form, at the election of the Director of Central
Intelligence.''.
(b) Clerical Amendment.--The table of sections for that Act is
amended by inserting after the item relating to section 505 the
following new item:
``Sec. 506. Specificity of National Foreign Intelligence Program budget
amounts for counterterrorism,
counterproliferation, counternarcotics, and
counterintelligence.''.
SEC. 305. MODIFICATION OF AUTHORITY TO MAKE FUNDS FOR INTELLIGENCE
ACTIVITIES AVAILABLE FOR OTHER INTELLIGENCE ACTIVITIES.
(a) Nature of Unforseen Requirements.--Section 504(a) of the
National Security Act of 1947 (50 U.S.C. 414(a)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated--
(A) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively; and
(B) by striking the semicolon at the end and
inserting a period;
(3) by inserting ``(1)'' after ``(a)'';
(4) by striking ``(4) nothing'' and inserting ``(2)
Nothing'';
(5) by indenting paragraph (2), as designated by paragraph
(4) of this section, two ems from the left margin; and
(6) by adding at the end the following new paragraph:
``(3) For purposes of paragraph (1)(C)(ii), an unforseen
requirement may not include a requirement arising under statute or the
request of a committee or Member of Congress.''.
(b) Certification Requirement for Reprogramming.--Paragraph
(1)(C)(iii) of that section, as redesignated by subsection (a) of this
section, is further amended by striking ``has notified'' and all that
follows and inserting ``submits to the appropriate congressional
committees, before obligation of funds for such activity, a
certification that the requirements of clauses (i) and (ii) are met
with respect to such activity.''.
SEC. 306. CLARIFICATION OF AUTHORITY TO FURNISH INFORMATION ON
INTELLIGENCE ACTIVITIES TO CONGRESS.
(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by inserting after section 503 the
following new section:
``authority to furnish information on intelligence activities to
congress
``Sec. 503A. Notwithstanding any other provision of law, and
consistent with the obligations of the Director of Central Intelligence
to protect intelligence sources and methods, it shall not be unlawful
for the Director, or a designee of the Director, to furnish to the
congressional intelligence committees information in the possession of
an element of the intelligence community on intelligence activities in
furtherance of the reporting responsibilities of such element under
sections 501, 502, and 503 or any other provision of law requiring the
reporting of information on intelligence activities to Congress.''.
(b) Clerical Amendment.--The table of sections for the National
Security Act of 1947 is amended by inserting after the item relating to
section 503 the following new item:
``Sec. 503A. Authority to furnish information on intelligence
activities to Congress.''.
SEC. 307. STANDARDIZED TRANSLITERATION OF NAMES INTO THE ROMAN
ALPHABET.
(a) Method of Transliteration Required.--Not later than 90 days
after the date of the enactment of this Act, the Director of Central
Intelligence shall establish 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
intelligence community; and
(2) all intelligence products of the intelligence
community.
SEC. 308. 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
subsection (g):
``(g) Standards and Qualifications for Performance of Intelligence
Activities.--The Director, acting as the head of the intelligence
community, shall prescribe standards and qualifications for persons
engaged in the performance of intelligence activities within the
intelligence community.''.
SEC. 309. MODIFICATION OF DAVID L. BOREN NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Termination of Scholarship Program.--Paragraph (1) of
subsection (a) of section 802 of the David L. Boren National Security
Education Act of 1991 (title VIII of Public Law 102-183; 50 U.S.C.
1902) is amended--
(1) by striking subparagraph (A); and
(2) by redesignating subparagraph (B) as subparagraph (A).
(b) Substitution of National Flagship Language Initiative for Grant
Program.--That subsection is further amended--
(1) in paragraph (1), by striking subparagraph (C) and
inserting the following new subparagraph (B):
``(B) carrying out activities under paragraph (2)
relating to proficiency in foreign languages.'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (1) the following new
paragraph (2):
``(2) National flagship language initiative.--
``(A) In general.--As part of the program under
paragraph (1), the Secretary shall, in accordance with
regulations prescribed by the Secretary, carry out
activities at institutions of higher education, which
activities shall be designed--
``(i) to produce in professionals an
advanced level of proficiency in foreign
languages that the Board identifies under
section 803(d)(4) as critical to the national
security of the United States; and
``(ii) to permit undergraduate and graduate
students, and employees of the United States
Government, to undertake studies to enhance
their foreign language proficiency.
``(B) Participation by fellowship recipients.--
Recipients of fellowships under paragraph (1)(A) may
participate in the activities carried out under this
paragraph.
``(C) Designation of activities.--The activities
carried out under this paragraph shall be known as the
`National Flagship Language Initiative'.''.
(c) Funding Allocation.--That subsection is further amended by
inserting after paragraph (2), as amended by subsection (b) of this
section, the following new paragraph (3):
``(3) Funding allocations.--Of the amount available for
obligation out of the Fund for any fiscal year, the Secretary
shall allocate such amount in a manner considered appropriate
by the Secretary for purposes of fellowships under paragraph
(1)(A) and carrying out activities under paragraph (1)(B).''.
(d) Conforming Amendments.--(1) Section 802 of that Act is further
amended--
(A) in subsection (a)(5), as redesignated by subsection
(b)(3) of this section, by striking ``scholarships,
fellowships, and grants'' and inserting ``fellowships, and the
carrying out of activities,'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``scholarship or''; and
(II) by striking ``or any scholarship'';
and
(ii) by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) shall, upon completion of such recipient's education
under the program, and in accordance with such regulations--
``(A) work in a national security position for a
period specified by the Secretary, which period shall
be not less than the period for which the fellowship
assistance was provided; or
``(B) if the recipient demonstrates to the
Secretary (in accordance with such regulations) that no
national security position is available upon the
completion of the degree, work in the field of higher
education in a discipline relating to the foreign
country, foreign language, area study,
counterproliferation study, or international field of
study for which the fellowship was awarded for a period
specified by the Secretary, which period shall be
established in accordance with subparagraph (A); and'';
(C) in subsection (c)--
(i) by striking ``scholarship or'' each place it
appears; and
(ii) by striking ``scholarships and'';
(D) in subsection (d)--
(i) by striking ``scholarships, fellowships, or
grants'' and inserting ``fellowships, or for the
carrying out of activities,''; and
(ii) by striking ``scholarships, fellowships, or
grants (as the case may be)'' and inserting ``such
fellowships or activities, as the case may be,'';
(E) in subsection (e), by striking ``scholarships,
fellowships, and grants'' and inserting ``fellowships, and
carry out activities,'';
(F) in subsection (f), by striking ``grant, scholarship,
or''; and
(G) in subsection (g)(1), by striking ``or scholarship''.
(2) Section 803(d) of that Act (50 U.S.C. 1903(d)) is amended--
(A) in paragraph (1), by striking ``scholarships,
fellowships, and grants'' and inserting ``fellowships, and
carrying out activities,'';
(B) in paragraph (3)--
(i) by striking ``desiring scholarships or
fellowships, and institutions of higher education
desiring grants under this chapter'' and inserting
``desiring fellowships under section 802(a)(1), and
institutions of higher education desiring to carry out
activities under section 802(a)(2)''; and
(ii) by striking ``scholarship or'' each place it
appears;
(C) in paragraph (4)--
(i) by striking subparagraphs (A) and (C);
(ii) by redesignating subparagraphs (B) and (D) as
subparagraphs (A) and (C), respectively;
(iii) in subparagraph (A), as so redesignated, by
striking ``section 802(a)(1)(B)'' and inserting
``section 802(a)(1)(A)'';
(iv) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) which foreign languages are critical to the
national security interests of the United States for
purposes of section 802(a)(2); and''; and
(v) in subparagraph (C), as so redesignated, by
striking ``scholarships or'';
(D) in paragraph (6), by striking ``scholarship recipients
and''; and
(E) in paragraph (7), by striking ``scholarship or''.
(3) Section 804(b)(1) of that Act (50 U.S.C. 1904(b)(1)) is amended
by striking ``scholarships, fellowships, and grants'' and inserting
``fellowships and carrying out activities''.
(4) The heading for title VIII of the Intelligence Authorization
Act, Fiscal Year 1992 (Public Law 102-183) is amended to read as
follows:
``TITLE VIII--NATIONAL SECURITY FELLOWSHIPS AND OTHER EDUCATIONAL
SUPPORT''.
(5) The heading of section 802 of that Act is amended to read as
follows:
``SEC. 802. PROGRAM OF FELLOWSHIPS AND OTHER EDUCATIONAL SUPPORT.''.
(e) Construction of Amendments.--Nothing in the amendments to the
David L. Boren National Security Education Act of 1991 made by this
section shall affect the validity of any scholarship, fellowship, or
grant made or awarded under that Act before the date of the enactment
of this Act.
(f) Report on Conversion of Funding From Trust Fund to Annual
Appropriations.--(1) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in conjunction
with the Director of Central Intelligence, submit to the congressional
intelligence committees a report containing a proposal for the
conversion of the funding of the program of fellowships and other
educational support under the David L. Boren National Security
Education Act of 1991, as amended by this section, from funding through
the National Security Education Trust Fund under section 804 of that
Act to funding through appropriations.
(2) The proposal under paragraph (1) shall include a recommendation
for such legislation as the Secretary and the Director consider
appropriate to implement the proposal.
(g) Report on Modification of National Flagship Language Initiative
Before Implementation.--If the Secretary, in conjunction with the
Director, proposes any modification of the National Flagship Language
Initiative under paragraph (2) of section 802(a) of the David L. Boren
National Security Education Act of 1991, as amended by subsection (c)
of this section, between the date of the enactment of this Act and the
date of the implementation of the initiative, the Secretary and the
Director shall jointly submit to the congressional intelligence
committees a report on the proposed modification.
(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.
SEC. 310. SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT OF GRADUATE DEGREES
IN SCIENCE AND TECHNOLOGY.
(a) Program Required.--The National Security Act of 1947 is
amended--
(1) by redesignating title X as title XI;
(2) by redesignating section 1001 as section 1101; and
(3) by inserting after title IX the following new title X:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``scholarships and work-study for pursuit of graduate degrees in
science and technology
``Sec. 1001. (a) Program Required.--The Director of Central
Intelligence shall 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 intelligence community
for qualified scientists and engineers.
``(b) Administration.--The Director shall administer the program
through the Assistant Director of Central Intelligence for
Administration.
``(c) Identification of Fields of Study.--The Director shall
identify 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.--The Director shall prescribe regulations for
purposes of the administration of this section.''.
(b) Clerical Amendment.--The table of sections for the National
Security Act of 1947 is amended by striking the items relating to title
X and section 1001 and inserting the following new items:
``TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE
``Sec. 1001. Scholarships and work-study for pursuit of graduate
degrees in science and technology.
``TITLE XI--OTHER PROVISIONS
``Sec. 1101. Applicability to United States intelligence activities of
Federal laws implementing international
treaties and agreements.''.
SEC. 311. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) Establishment.--The Director of Central Intelligence, acting as
the head of the intelligence community, shall establish in the
intelligence community an element with the function of connecting the
elements of the intelligence community engaged in the acquisition,
storage, translation, or analysis of voice or data in digital form.
(b) Designation.--The element established under subsection (a)
shall be known as the National Virtual Translation Center.
(c) Administrative Matters.--(1) The Director shall retain direct
supervision and control over the element established under subsection
(a).
(2) The element established under subsection (a) shall connect
elements of the intelligence community utilizing the most current
available information technology that is applicable to the function of
the element.
(d) Deadline for Establishment.--The element required by subsection
(a) shall be established as soon as practicable after the date of the
enactment of this Act, but not later than 90 days after that date.
SEC. 312. 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 conducting 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. 313. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
(a) Requirement.--(1) The Director of Central Intelligence, acting
as head of the Intelligence Community, shall--
(A) establish and maintain a list of individuals who are
known or suspected international terrorists, and of
organizations 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 requirements
for the inclusion of an individual or organization on the list required
by subsection (a), and for the deletion or omission from the list of an
individual or organization currently on the list.
(2) The Director shall ensure that the information utilized to
determine the inclusion, or deletion or omission, of an individual or
organization on or from the list is derived from all-source
intelligence.
(3) The Director shall ensure that the list is maintained in
accordance with existing law and regulations governing the collection,
storage, and dissemination of intelligence concerning United States
persons.
(c) Information Sharing.--Subject to section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(6)), relating to the
protection of intelligence sources and methods, the Director shall
provide for the sharing of the list, and information on the list, with
such departments and agencies of the Federal Government, State and
local government agencies, and entities of foreign governments and
international organizations as the Director considers 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 paragraph
(1), certify whether or not the elements of the intelligence community
responsible for the collection of intelligence related to the list have
provided information for purposes of the list that is derived from the
widest possible range of intelligence available to such department and
agencies.
(e) Report on Criteria for Information Sharing.--(1) Not later then
March 1, 2003, the Director shall submit to the congressional
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 on 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 interoperability 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 technologies
that are effective in aiding the identification of individuals in the
field.
(g) Report on Status of System.--(1) Not later than one year after
the date of the enactment of this Act, the Director shall, in
consultation with the Director of Homeland Security, submit to the
congressional intelligence committees a report on the status of the
Terrorist Identification Classification System. The report shall
contain a certification on the following:
(A) Whether or not the System contains the intelligence
information necessary to facilitate the contribution of the
System to the domestic security of the United States.
(B) Whether or not the departments and agencies having
access to the System have access in a manner that permits such
departments and agencies to carry out appropriately their
domestic security responsibilities.
(C) Whether or not 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.
SEC. 314. ANNUAL REPORT ON FOREIGN COMPANIES INVOLVED IN THE
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION THAT RAISE
FUNDS IN THE UNITED STATES CAPITAL MARKETS.
(a) Annual Report Required.--The Director of Central Intelligence
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 Dates.--(1) In the case of the appropriate committees
of Congress referred to in paragraph (1) of subsection (e), 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 401 of this Act.
(2) In the case of the appropriate committees of Congress referred
to in paragraphs (2) and (3) of subsection (e), the date each year for
the submittal of the report required by subsection (a) shall be
February 1 of such year.
(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, and Governmental Affairs of the Senate; and
(3) the Committees on Armed Services, Financial Services,
and Government Reform of the House of Representatives.
SEC. 315. TWO-YEAR EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
Section 2(i) 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 ``in fiscal year 1998,
1999, 2000, 2001, 2002, or 2003'' and inserting ``in fiscal
years 1998 through 2005''.
SEC. 316. 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; 115 Stat. 1401; 22 U.S.C. 7301 note) is
amended by striking ``October 1, 2002'' and inserting ``October 1,
2003''.
TITLE IV--REPORTING REQUIREMENTS
Subtitle A--Submittal of Reports to Intelligence Committees
SEC. 401. DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMI-ANNUAL REPORTS
TO THE CONGRESSIONAL INTELLIGENCE 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 304 of this Act, is
further amended by adding at the end the following new section:
``dates for submittal of various annual and semi-annual reports to the
congressional intelligence committees
``Sec. 507. (a) Annual Reports.--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):
``(1) The annual report on the assessment of the
satisfaction of the intelligence community with the collection,
analysis, and production of intelligence required by section
102(i).
``(2) The annual evaluation of the performance and
responsiveness of certain elements of the intelligence
community required by section 105(d).
``(3) The annual report on intelligence required by section
109.
``(4) The annual report on the detail of intelligence
community personnel required by section 113.
``(5) The annual report on intelligence community
cooperation with Federal law enforcement agencies required by
section 114(a)(2).
``(6) The annual report on the safety and security of
Russian nuclear facilities and nuclear military forces required
by section 114(b).
``(7) The annual report on the threat of attack on the
United States from weapons of mass destruction required by
section 114(c).
``(8) The annual report on covert leases required by
section 114(d).
``(9) The annual report on improvements of the financial
statements of the intelligence community for auditing purposes
required by section 114A.
``(10) The annual report on the protection of the
identities of covert agents required by section 603.
``(11) The annual report on transfers of amounts for
acquisition of land by the Central Intelligence Agency required
by section 5(c)(2) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(c)(2)).
``(12) The annual audit of the Central Intelligence Agency
central services program required by section 21(g) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403u(g)).
``(13) The annual report on the use of National Security
Agency personnel as special policemen required by section
11(a)(5) of the National Security Agency Act of 1959 (50 U.S.C.
402 note).
``(14) The annual report of the Inspectors Generals of the
intelligence community on proposed resources and activities of
their offices required by section 8H(g) of the Inspector
General Act of 1978.
``(15) The annual report on commercial activities as
security for intelligence collection required by section 437(c)
of title 10, United States Code.
``(16) The annual report on expenditures for postemployment
assistance for terminated intelligence employees required by
section 1611(e)(2) of title 10, United States Code.
``(17) 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.
``(18) The annual update on foreign industrial espionage
required by section 809(b) of the Counterintelligence and
Security Enhancements Act of 1994 (title VIII of Public Law
103-359; 50 U.S.C. App. 2170b(b)).
``(19) The annual report on coordination of
counterintelligence 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)).
``(20) 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).
``(21) The annual report on enhancing protection of
national security at the Department of Justice required by
section 606(b)(2)(B) of the Counterintelligence Reform Act of
2000 (title VI of Public Law 106-567).
``(22) 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
314 of the Intelligence Authorization Act for Fiscal Year 2003.
``(23) The annual report on counterdrug intelligence
matters required by section 417 of the Intelligence
Authorization Act for Fiscal Year 2003.
``(24) 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)).
``(25) 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)).
``(26) 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)).
``(b) Semi-Annual Reports.--The dates for the submittal to the
congressional intelligence committees of the following semi-annual
reports shall be the dates each year provided in subsection (c)(2):
``(1) The periodic reports on intelligence provided to the
United Nations required by section 112(b)(3).
``(2) The semiannual reports on the Office of the Inspector
General of the Central Intelligence Agency required by section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(1)).
``(3) The semiannual reports on decisions not to prosecute
certain violations of law under the Classified Information
Procedures Act (5 U.S.C. App.) as required by section 13(b) of
that Act.
``(4) The semiannual reports on the acquisition of
technology relating to weapons of mass destruction and advanced
chemical 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
Diplomatic Telecommunications Service Program Office (DTS-PO)
required by section 322(a)(6)(D)(ii) of the Intelligence
Authorization Act for Fiscal Year 2001 (22 U.S.C.
7302(a)(6)(D)(ii)).
``(6) The semiannual reports on the disclosure of
information and consumer reports to the Federal Bureau of
Investigation 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
purposes required by section 1114(a)(5)(C) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)).
``(c) Submittal Dates for Reports.--(1) Except as provided in
subsection (d), each annual report listed in subsection (a) shall be
submitted not later than February 1.
``(2) Except as provided in subsection (d), each semi-annual 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 an annual report listed in subsection (a) may
be postponed until March 1, or the date of the submittal of a
semiannual report listed in subsection (b) may be postponed until March
1 or September 1, as the case may be, if the official required to
submit such report submits to the congressional 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 community 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.
``(e) Construction.--The provisions of this section shall not
affect the date for the submittal of any report covered by this section
to a Member or committee of Congress other than the congressional
intelligence committees, or to an official of the Executive branch.''.
(2) The table of sections for the National Security Act of 1947, as
amended by section 304 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 semi-annual
reports to the congressional intelligence
committees.''.
(b) Report of General Counsel of CIA on Efforts To Ensure
Compliance With Reporting Deadlines.--(1) Not later than December 1,
2002, the General Counsel of the Central Intelligence Agency shall
submit to the congressional intelligence committees a report on the
efforts of the Office of the General Counsel of the Central
Intelligence Agency to ensure compliance by the elements of the
intelligence community with the requirements of section 507 of the
National Security Act of 1947, as added by subsection (a).
(c) 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 Responsiveness of
Certain Elements of Intelligence Community.--(1) Not later each year
than the date provided in section 507, the Director shall submit to the
congressional intelligence committees the evaluation described in
paragraph (3).
``(2) The Director shall submit each year to the Committee on
Foreign Intelligence of the National Security Council, and to the
Committees on Armed Services and Appropriations of the Senate and House
of Representatives, the evaluation described in paragraph (3).
``(3) An evaluation described in this paragraph is an evaluation of
the performance and responsiveness of the National Security Agency, the
National Reconnaissance Office, and the National Imagery and Mapping
Agency in meeting their respective national missions.
``(4) The Director shall submit each evaluation under this
subsection in consultation with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff.''.
(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 Committee on Intelligence of the Senate,
the Committee on Appropriations,'' and
inserting ``The Committee on Appropriations'';
and
(II) in paragraph (2), by striking ``The
Permanent Select Committee on Intelligence of
the Senate, 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
intelligence committees, the submittal dates for such reports shall be
as provided in section 507.''.
(D) Section 113(c) of that Act (50 U.S.C. 404h(c)) is
amended by striking ``Not later than'' and all that follows
through ``a report'' and inserting ``Not later each year than
the date provided in section 507, the Director of Central
Intelligence shall submit to the congressional intelligence
committees an annual report''.
(E) 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 committees on the date each
year provided in section 507,''.
(F) 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.--(A) Section
5(c)(2) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(c)(2)) is amended--
(i) by striking ``The Director'' and all that
follows through ``an annual'' and inserting ``Not later
each year than the date provided in section 507 of the
National Security Act of 1947, the Director shall
submit to the congressional intelligence committees (as
defined in section 3 of that Act (50 U.S.C. 401a)) a'';
and
(ii) by inserting ``during the preceding year''
after ``paragraph (1)''.
(B) Section 17(d)(1) of that Act (50 U.S.C. 403q(d)(1)) is
amended in the second sentence by striking ``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,''.
(C) Section 21(g) of that Act (50 U.S.C. 403u(g)) is
amended by striking paragraph (3) and inserting the following
new paragraphs:
``(3) Not later than 30 days after the completion of an audit under
paragraph (1), the Inspector General shall submit a copy of the audit
to the Director of the Office of Management and Budget and the Director
of Central Intelligence.
``(4) Not later each year than the date provided in section 507 of
the National Security Act of 1947, the Inspector General shall submit
to the congressional intelligence committees (as defined in section 3
of that Act (50 U.S.C. 401a)) a copy of the audit completed under
paragraph (1) during the preceding year.''.
(3) National security agency act of 1959.--Section 11(a)(5)
of the National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by striking ``Not later than'' and all that
follows through ``the Senate'' and inserting ``Not later each
year than the date provided in section 507 of the National
Security Act of 1947, the Director shall submit to the
congressional intelligence committees (as defined in section 3
of that Act (50 U.S.C. 401a)) a report''.
(4) Classified information procedures act.--Section 13 of
the Classified Information Procedures Act (5 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 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.''.
(5) Title 10, united states code.--(A) Section 437 of title
10, United States Code, is amended--
(i) in subsection (c), by striking ``Not later
than'' and all that follows through ``of Congress'' and
inserting ``Not later each year than the date provided
in section 507 of the National Security Act of 1947,
the Secretary shall submit to the congressional
intelligence committees (as defined in section 3 of
that Act (50 U.S.C. 401a))''; and
(ii) by striking subsection (d).
(B) Section 1611(e) of that title is amended--
(i) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraph (3)'';
(ii) by redesignating paragraph (2) as paragraph
(3); and
(iii) by inserting after paragraph (1) the
following new paragraph (2):
``(2) In the case of a report required to be submitted under
paragraph (1) to the Permanent Select Committee on Intelligence of the
Senate and the 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.''.
(6) 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.
2170b) is amended--
(i) by striking subsection (b) and inserting the
following new subsection (b):
``(b) Annual Update.--
``(1) Submittal to congressional intelligence committees.--
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
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a).
``(B) Congressional leadership.--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
(ii) by redesignating subsection (e) as subsection
(d).
(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 intelligence
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 Representatives
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. 236) 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 on a semiannual basis on the dates provided in section 507
of the National Security Act of 1947.
``(2) The report required by subsection (a) shall be submitted each
year to the congressional leadership on April 11 and October 11 of such
year.
``(3) 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):
``(c) Submittal Date of Report to Leadership of Congressional
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
Ranking Member 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 105-567; 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 congressional
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''.
(F) Section 606(b)(2) of the Counterintelligence Reform Act
of 2000 (title VI of Public Law 106-567; 114 Stat. 2854) is
amended--
(i) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) In the case of a report required to be submitted under
subparagraph (A) 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) Public law 103-337.--Section 1012(c) of the National
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2291-
4(c)) is amended--
(A) in paragraph (1), by striking ``Not later
than'' and inserting ``Except as provided in paragraph
(2), not later than'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) In the case of a report required to be submitted under
paragraph (1) to the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)),
the submittal date for such report shall be as provided in section 507
of that Act.''.
(8) 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 intelligence committees'';
(iii) by designating the second sentence as
paragraph (2) and indenting the left margin of
such paragraph, as so designated, two ems;
(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
paragraph (3):
``(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.''.
(9) Fair credit reporting act.--(A) Section 604(b)(4) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4)) is
amended--
(i) in subparagraph (D), by striking ``Not later
than'' and inserting ``Except as provided in
subparagraph (E), not later than'';
(ii) by redesignating subparagraph (E) as
subparagraph (F); and
(iii) by inserting after subparagraph (D) the
following new subparagraph (E):
``(E) Reports to congressional intelligence
committees.--In the case of a report to be submitted
under subparagraph (D) to the congressional
intelligence 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.''.
(B) Section 624(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
submitted 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.''.
(10) 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
semiannual'' 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 congressional intelligence committees (as defined in
section 3 of that Act (50 U.S.C. 401a))''.
Subtitle B--Recurring Annual Reports
SEC. 411. ANNUAL ASSESSMENT OF SATISFACTION OF INTELLIGENCE COMMUNITY
WITH COLLECTION, ANALYSIS, AND PRODUCTION OF
INTELLIGENCE.
Section 102 of the National Security Act of 1947 (50 U.S.C. 403) is
amended by adding at the end the following new subsection:
``(i) Annual Assessment of Satisfaction of Intelligence Community
With Collection, Analysis, and Production of Intelligence.--(1) The
Assistant Director of Central Intelligence for Collection and the
Assistant Director of Central Intelligence for Analysis and Production
shall conduct each year a comprehensive review of the satisfaction of
the elements of the intelligence community with the collection,
analysis, and production of intelligence during the preceding year.
``(2) Each review for a year under paragraph (1) shall include--
``(A) an evaluation of the effectiveness of the
intelligence collection, analysis, and production programs of
the intelligence community in such year in meeting the
requirements of the intelligence community for intelligence,
including whether or not gaps exist in such programs; and
``(B) an assessment of the allocation of resources for the
collection, analysis, and production of intelligence in such
year to determine whether or not an alternative allocation of
such resources would better meet the requirements of the
intelligence community for intelligence.
``(3) The Assistant Directors shall jointly submit to the Director
of Central Intelligence a report on each review conducted under
paragraph (1). Each report shall--
``(A) set forth the results of the evaluation and
assessment under paragraph (2);
``(B) describe any significant successes or failures in the
collection, analysis, or production of intelligence in the year
covered by such report; and
``(C) include any recommendations regarding the collection,
analysis, or production of intelligence that the Assistant
Directors consider appropriate.
``(4) The Director of Central Intelligence shall transmit to the
congressional intelligence committees each report submitted under
paragraph (3). The Director shall include in the transmittal of such
report any comments and recommendations regarding such report that the
Director considers appropriate.
``(5) The submittal date for a report under paragraph (4) each year
shall be the date provided in section 507.''.
SEC. 412. ANNUAL REPORT ON THREAT OF ATTACK ON THE UNITED STATES USING
WEAPONS OF MASS DESTRUCTION.
Section 114 of the National Security Act of 1947, as amended by
section 303(b)(6) of this Act, is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report on Threat of Attack on the United States Using
Weapons of Mass Destruction.--(1) Not later each year than the date
provided in section 507, the Director shall submit to the congressional
intelligence committees 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
intelligence estimate, or have the formality of a national intelligence
estimate.''.
SEC. 413. ANNUAL REPORT ON COVERT LEASES.
Section 114 of the National Security Act of 1947, as amended by
section 412 of this Act, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Annual Report on Covert Leases.--(1) Not later each year than
the date provided in section 507, the Director shall submit to the
congressional intelligence committees a report on each covert lease of
an element of the intelligence community that is in force as of the end
of the preceding year.
``(2) Each report under paragraph (1) shall include the following:
``(A) A list of each lease described by that paragraph.
``(B) For each lease--
``(i) the cost of such lease;
``(ii) the duration of such lease;
``(iii) the purpose of such lease; and
``(iv) the directorate or office that controls such
lease.''.
SEC. 414. ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS 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, Director of the National
Security Agency, Director of the Defense Intelligence Agency, and
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 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 purposes.''.
SEC. 415. 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:
``Sec. 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 Investigation
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
investigations, 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 personnel 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)(1) In the case of the committees of Congress specified in
subsection (d)(1), the date of the submittal each year of the report
required by subsection (a) shall be February 1 of such year.
``(2) In the case of the committees of Congress specified in
subsection (d)(2), 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
Congress' 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)).''.
(b) Clerical Amendment.--The table of sections at the beginning 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 outside the United States.''.
SEC. 416. ANNUAL REPORTS OF INSPECTORS GENERAL OF THE INTELLIGENCE
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
subsection (g):
``(g)(1) The Inspector General of the Defense Intelligence Agency,
the National Imagery and Mapping Agency, the National Reconnaissance
Office, and the National Security Agency shall each submit to the
congressional intelligence committees each year a report that sets
forth the following:
``(A) The personnel and funds requested by such Inspector
General for the fiscal year beginning in such year for the
activities of the office of such Inspector General in such
fiscal year.
``(B) The plan of such Inspector General for such
activities, including the programs and activities scheduled for
review by the office of such Inspector General during such
fiscal year.
``(C) An assessment of the current ability of such
Inspector General to hire and retain qualified personnel for
the office of such Inspector General.
``(D) Any matters that such Inspector General considers
appropriate regarding the independence and effectiveness of the
office of such Inspector General.
``(2) The submittal date for a report under paragraph (1) each year
shall be the date provided in section 507 of the National Security Act
of 1947.
``(3) In this subsection, the term `congressional intelligence
committees' shall have the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a).''.
SEC. 417. ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.
(a) Annual Report.--The Counterdrug Intelligence Coordinating Group
shall submit to the appropriate committees of Congress each year a
report on current counterdrug intelligence matters. 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.--(1) In the case of the committees of Congress
specified in subsection (c)(1), the date of the submittal each year of
the report required by subsection (a) shall be February 1 of such year.
(2) In the case of the committees of Congress specified in
subsection (c)(2), 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 401 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
(2) the congressional intelligence committees (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
401a)).
Subtitle C--Other Reports
SEC. 431. EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF STATE
ON PROTECTION OF CLASSIFIED INFORMATION AT DEPARTMENT
HEADQUARTERS.
(a) Evaluation Required.--Not later than December 31 of 2002, 2003,
and 2004, the Inspector General of the Department of State shall
conduct an evaluation of the policies and procedures of the Department
on the protection of classified information at the Headquarters of the
Department, including compliance with the directives of the Director of
Central Intelligence (DCIDs) regarding the storage and handling of
Sensitive Compartmented Information (SCI) material.
(b) Annual Report.--Except as provided in subsection (c), not later
than February 1 of 2003, 2004, and 2005, the Inspector General shall
submit to the congressional intelligence committees a report on the
evaluation conducted under subsection (a) during the preceding year.
(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 401 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 D--Repeal of Certain Report Requirements
SEC. 441. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Annual Report on Exercise of National Security Agency Voluntary
Separation Pay Authority.--Section 301(j) of the National Security Act
of 1947 (50 U.S.C. 409a(j)), as amended by section 303(b)(2)(B) of this
Act, is further amended--
(1) by striking ``Reporting Require-
ments.--'' and all that follows through ``The Director'' and
inserting ``Notification of Exercise of Authority.--The
Director''; and
(2) by striking paragraph (2).
(b) 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).
TITLE V--COUNTERINTELLIGENCE ACTIVITIES
SEC. 501. SHORT TITLE; PURPOSE.
(a) Short Title.--This title may be cited as the
``Counterintelligence Enhancement Act of 2002''.
(b) Purpose.--The purpose of this title is to facilitate the
enhancement of the counterintelligence activities of the United States
Government by--
(1) enabling the counterintelligence community of the
United States Government to fulfill better its mission of
identifying, 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
counterintelligence activities of the United States Government.
SEC. 502. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Establishment.--(1) There shall be a National
Counterintelligence 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 counterintelligence
for the United States Government.
(c) Duties.--Subject to the direction and control of the President,
the duties of the National Counterintelligence Executive are as
follows:
(1) To carry out the mission referred to in subsection (c).
(2) To act as chairperson of the National
Counterintelligence Policy Board under section 811 of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359; 50 U.S.C. 402a), as amended
by section 503 of this Act.
(3) To act as head of the Office of the National
Counterintelligence Executive under section 504.
(4) To participate as an observer on such boards,
committees, 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 504.
SEC. 503. 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) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Chairperson.--The National Counterintelligence Executive
under section 502 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
Counterintelligence 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
department 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 conflicts that arise between elements of the
Government conducting 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 Office of the National
Counterintelligence Executive under section 504(e)(2)
of that Act.
``(2) The Board may, for purposes of carrying out its functions
under this section, establish such interagency boards and working
groups as the Board considers appropriate.''.
SEC. 504. OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Establishment.--There shall be an Office of the National
Counterintelligence Executive.
(b) Head of Office.--The National Counterintelligence Executive
shall be the head of the Office of the National Counterintelligence
Executive.
(c) Location of Office.--The Office of the National
Counterintelligence Executive shall be located in the Executive Office
of the President.
(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 Counterintelligence
Executive.
(2) The general counsel shall--
(A) provide legal advice and counsel to the Executive on
matters relating to functions of the Office;
(B) ensure that the Office complies with all applicable
laws, regulations, Executive orders, and guidelines; and
(C) carry out such other duties as the Executive may
specify.
(e) Functions.--Subject to the direction and control of the
National Counterintelligence Executive, the functions of the Office of
the National Counterintelligence Executive shall be as follows:
(1) National threat identification and prioritization
assessment.--Subject to subsection (f), in consultation with
appropriate department and agencies of the United States
Government, and private sector entities, to produce on an
annual basis a strategic planning assessment of the
counterintelligence requirements of the United States to be
known as the National Threat Identification and Prioritization
Assessment.
(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
Identification and Prioritization Assessment under paragraph
(1), to produce on an annual basis a strategy for the
counterintelligence programs and activities of the United
States Government to be known as the National
Counterintelligence Strategy.
(3) Implementation of national counterintelligence
strategy.--To evaluate on an on-going basis the implementation
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 analyses.--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
coordinate the production of strategic analyses of
counterintelligence 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
programs 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
allocations plans developed under subparagraph (A)
address the objectives 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 targeting
coordination.--To develop priorities for counterintelligence
investigations and operations, and for collection of
counterintelligence, for purposes of the National
Counterintelligence 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, programs, and activities that require
protection from such threats.
(B) Outreach.--To carry out and coordinate outreach
programs and activities on counterintelligence to other
elements 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 exercises for such personnel.
(f) Additional Requirements Regarding National Threat
Identification and Prioritization Assessment and National
Counterintelligence Strategy.--(1) A National Threat Identification and
Prioritization Assessment under subsection (e)(1), and any modification
of such assessment, shall not go into effect until approved by the
President.
(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 modification
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 non-reimbursable 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 non-reimbursable
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 separation 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 non-reimbursable 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 department or
agency for the detail of such personnel or the provision of such
support, as the case may be.
(j) Contracts.--(1) Subject to paragraph (2), the National
Counterintelligence Executive may enter into any contract, lease,
cooperative agreement, or other transaction that the Executive
considers 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 contracts,
leases, cooperative agreements, and other transactions.
(k) Treatment of Activities Under Certain Administrative Laws.--(1)
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the activities of the Office of the National
Counterintelligence Executive.
(2) The files of the Office shall be treated as operational files
of the Central Intelligence Agency for purposes of section 701 of the
National Security Act of 1947 (50 U.S.C. 431) to the extent such files
meet criteria under subsection (b) of that section for treatment of
files as operational files of an element of the Agency.
(l) Oversight by Congress.--The location of the Office of the
National Counterintelligence Executive within the Executive Office of
the President 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) Designation of Office as Element of Intelligence Community.--
Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))
is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) the Office of the National Counterintelligence
Executive; and''.
TITLE VI--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
SEC. 601. FINDINGS.
Congress makes the following findings:
(1) Research and development efforts under the purview of
the intelligence community are vitally important to the
national security of the United States.
(2) The intelligence community must operate in a dynamic,
highly-challenging environment, characterized by rapid
technological 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
importance, and articulate program and resource priorities for
future research and development activities to ensure a unified
and coherent research and development program across the entire
intelligence community.
SEC. 602. 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 11 members,
as follows:
(1) The Deputy Director of Central Intelligence for
Community Management.
(2) 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.
(3) 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.
(4) 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
Representatives and two from private life.
(5) Two members appointed by the Minority Leader of the
House of Representatives, in consultation with the ranking
member of the Permanent Select Committee on Intelligence of the
House of Representatives, one from Members of the House of
Representatives and one from private life.
(c) Membership.--(1) The individuals appointed from private life as
members of the Commission shall be individuals who are nationally
recognized for expertise, knowledge, or experience in--
(A) research and development programs;
(B) technology discovery and insertion;
(C) use of intelligence information by national
policymakers and military leaders; or
(D) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may not
appoint an individual as a member of the Commission if, in the judgment
of the official, such individual possesses any personal or financial
interest in the discharge of any of the duties of the Commission.
(3) All members of the Commission appointed from private life shall
possess an appropriate security clearance in accordance with applicable
laws and regulations concerning the handling of classified information.
(d) Co-Chairs.--(1) The Commission shall have two co-chairs,
selected from among the members of the Commission.
(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 Commission
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 appointment
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 Commission
voting and present.
(2) The Commission may establish panels composed of less than the
full membership of the Commission for purposes of carrying 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 607(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 intelligence 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;
(3) an evaluation of the current allocation of resources
for research and development, including whether the allocation
of such resources for that purpose should be modified;
(4) an identification of the scientific and technological
fields judged to be of most importance to the intelligence
community;
(5) an evaluation of the relationship between the research
and development programs and activities of the intelligence
community and the research and development programs and
activities of other departments and agencies of the Federal
Government; and
(6) an evaluation of the relationship between the research
and development programs and activities of the intelligence
community and the research and development programs and
activities of the private sector.
SEC. 603. 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 designated 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 instrumentality 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 nonreimbursable
basis, such administrative services, funds, staff, facilities, and
other support services as are necessary for the performance of the
Commission's duties under this title.
(2) The Secretary of Defense may provide the Commission, on a
nonreimbursable basis, with such administrative services, staff, and
other support services as the Commission may request.
(3) In addition to the assistance set forth in paragraphs (1) and
(2), other departments and agencies of the United States may provide
the Commission such services, funds, facilities, staff, and other
support as such departments and agencies consider advisable and as may
be authorized by law.
(4) The Commission shall receive the full and timely cooperation of
any official, department, or agency of the United States Government
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 department 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. 604. STAFF OF COMMISSION.
(a) In General.--(1) The co-chairs of the Commission, in accordance
with rules agreed upon by the Commission, shall appoint and fix the
compensation of a staff director and such other personnel as may be
necessary to enable the Commission to carry out its duties, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III or 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 information.
SEC. 605. 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 Commission, 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(b) of title 5, United States Code.
SEC. 606. 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.--Notwithstanding any
other provision of law, after the termination of the Commission under
section 607, 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 designate shall have access to information
related to the national security of the United States that is received,
considered, or used by the Commission.
SEC. 607. FINAL REPORT; TERMINATION.
(a) Final Report.--Not later than September 1, 2003, the Commission
shall submit to the congressional intelligence committees, the Director
of Central Intelligence, and the Secretary of Defense a final report as
required by section 602(h)(2).
(b) Termination.--(1) The Commission, and all the authorities of
this title, shall terminate at the end of the 120-day period beginning
on the date on which the final report under subsection (a) is
transmitted to the congressional intelligence committees.
(2) The Commission may use the 120-day period referred to in
paragraph (1) for the purposes of concluding its activities, including
providing testimony to Congress concerning the final report referred to
in that paragraph and disseminating the report.
SEC. 608. ASSESSMENTS OF FINAL REPORT.
Not later than 60 days after receipt of the final report under
section 607(a), the Director of Central Intelligence and the Secretary
of Defense shall each submit to the congressional intelligence
committees an assessment by the Director or the Secretary, as 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. 609. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.
(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. 610. FUNDING.
(a) Transfer From the Community Management Account.--Of the amounts
authorized to be appropriated by this Act for the Intelligence
Technology Innovation Center of the Community Management Account, the
Deputy Director of Central Intelligence for Community Management shall
transfer to the Director of Central Intelligence $2,000,000 for
purposes of the activities of the Commission under this title.
(b) Availability in General.--The Director of Central Intelligence
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. 611. DEFINITIONS.
In this title:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a).
<all>
