H.R.4628 - Intelligence Authorization Act for Fiscal Year 2003107th Congress (2001-2002)
Summary: H.R.4628 — 107th Congress (2001-2002)
Intelligence Authorization Act for Fiscal Year 2003 - Title I: Intelligence Activities - (Sec. 101) Authorizes appropriations for FY 2003 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense; (3) Defense Intelligence Agency (DIA); (4) National Security Agency (NSA); (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation (FBI); (8) National Reconnaissance Office (NRO); (9) National Imagery and Mapping Agency (NIMA); and (10) Coast Guard.
Conference report filed in House (11/14/2002)
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2003, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2003 (by not more than two percent) when necessary to the performance of important intelligence functions. Requires notification of the congressional intelligence committees.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY 2003, for full-time personnel for elements within such Account, and for certain classified personnel. Earmarks a specified amount of such funds for the National Drug Intelligence Center.
(Sec. 105) Increases amounts authorized to be appropriated under the Intelligence Authorization Act for Fiscal Year 2002 for intelligence and intelligence-related activities by the amount by which appropriations pursuant to such authorization were increased by: (1) the Emergency Supplemental Act, 2002; and (2) the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States for such amounts as are designated as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
(Sec. 106) Authorizes for appropriation amounts requested in a letter from the President to the Speaker of the House of Representatives related to the Defense Emergency Response Fund and designated for incremental costs of intelligence and intelligence-related activities for the war on terrorism, with limitations.
(Sec. 107) Authorizes funds appropriated for an intelligence or intelligence-related activity for FY 2003 in excess of the amount specified for such activity in the classified Schedule of Authorizations prepared to accompany this Act, for purposes of reprogramming under the National Security Act of 1947.
(Sec. 108) Incorporates into this Act each requirement to submit a report to the congressional intelligence committees included in the joint explanatory statement accompanying the conference report for this bill.
(Sec. 109) Requires the DCI to ensure that any report, review, study, or plan required under this Act that involves the intelligence or intelligence-related activities of the Departments of Defense or Energy is prepared or conducted in consultation with the Secretary of Defense or Energy, as appropriate. Requires all such reports, reviews, studies, or plans to be submitted to the congressional defense, appropriations, and intelligence committees.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY 2003 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: General Provisions - Subtitle A: Recurring General Provisions - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Specifies that 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 laws of the United States.
(Sec. 303) Expresses the sense of Congress that the DCI should continue to direct that elements of the intelligence community should competitively award contracts in a manner that maximizes the procurement of products properly designated as having been made in the United States.
Subtitle B: Intelligence - (Sec. 311) Amends the National Security Act of 1947 to require the budget justification materials submitted to Congress for a fiscal year to set forth separate aggregate amounts requested for the National Foreign Intelligence Program for: (1) counterterrorism; (2) counterproliferation; (3) counternarcotics; and (4) counterintelligence. Allows amounts so requested to be set forth in unclassified or classified form, at the election of the DCI.
(Sec. 312) Prohibits any agency that is an element of the intelligence community from making information concerning agency rules, opinions, orders, records, and other proceedings available to any government entity other than a State, territory, commonwealth, or district of the United States, or a representative thereof.
(Sec. 313) Directs the DCI to establish the National Virtual Translation Center to connect intelligence community (IC) elements engaged in the acquisition, storage, translation, or analysis of voice or data in digital form.
Subtitle C: Personnel - (Sec. 321) Requires the DCI to develop standards and qualifications for persons engaged in the performance of intelligence activities within the IC.
(Sec. 322) Amends Federal employment law to authorize the head of a previously excepted Federal agency (CIA, DIA, NSA, FBI, NIMA, and agencies the principal function of which is the conduct of foreign intelligence or counterintelligence activities) to establish a program under which an agency employee may participate in a program for the transfer of accumulated annual leave to or from an employee of any other agency.
(Sec. 323) Expresses the sense of Congress that the Directors of the: (1) FBI, CIA, NSA, and DIA should make the creation of a more diverse workforce a priority in hiring decisions; and (2) CIA, NSA, DIA, and NIMA should increase their minority recruitment efforts through undergraduate training programs.
(Sec. 324) Requires the DCI to report annually to Congress on the employment of racial and ethnic minorities, women, and the disabled within each element of the IC for the preceding fiscal year.
(Sec. 325) Directs the Secretary of Defense (Secretary) to prepare and submit to Congress a report on the feasibility of establishing a Civilian Linguist Reserve Corps of U.S. citizens with advanced levels of proficiency in foreign languages who would be available to perform service or duties in the Federal Government with respect to such languages as the President may specify. Authorizes appropriations.
Subtitle D: Education - (Sec. 331) Directs the DCI to carry out a program to provide scholarships and work-study for individuals pursuing graduate degrees in science and technology fields identified as appropriate to meet future IC needs for qualified scientists and engineers.
(Sec. 332) Amends the David L. Boren National Security Education Act of 1991 to direct the Secretary to provide for the admission of award recipients to the Foreign Language Center of the Defense Language Institute.
(Sec. 333) Directs the Secretary to establish a program of awarding grants to institutions of higher education to carry out a National Flagship Language Initiative (training students to achieve advanced levels of proficiency in languages identified as critical to U.S. national security interests). Requires special consideration for applicants who are Federal employees. Waives certain funding allocation requirements with respect to such grants. Authorizes appropriations.
(Sec. 334) Directs the Secretary to submit to the intelligence, defense, and appropriations committees a report evaluating the National Security Education Program, including the advisability of converting funding through the National Security Education Trust Fund to funding through appropriations.
Subtitle E: Terrorism - (Sec. 341) Directs the DCI to establish within the CIA the Foreign Terrorist Asset Tracking Center to be 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.
(Sec. 342) Amends the National Security Act of 1947 to require the Secretary of the Treasury to submit semiannually to specified congressional committees a report that fully informs such committees concerning operations against terrorist financial networks. Requires the Secretary to notify the committees of the designation of an individual or entity as having been found to engage in terrorist activities.
(Sec. 343) Directs the DCI to: (1) establish and maintain a list of known or suspected international terrorists and international terrorist organizations; and (2) ensure that list information is shared with such Federal, State, and local agencies and organizations as considered appropriate. Designates such list as the Terrorist Identification Classification System. Requires the DCI to: (1) certify whether appropriate IC elements have collected System information from the widest possible range of intelligence available; (2) report to the intelligence committees on the criteria used to determine which System information is to be shared; (3) ensure System interoperability with relevant information systems of appropriate agencies and organizations; and (4) report to the intelligence committees on the System's status.
Subtitle F: Other Matters - (Sec. 351) Amends the Intelligence Authorization Act for Fiscal Year 2002 to extend until October 1, 2003, the prohibition against the reorganization of the Diplomatic Telecommunications Service Program Office.
(Sec. 352) Requires the DCI to provide for a standardized method for transliterating into the Roman alphabet personal and place names originally rendered in any language that uses other than the Roman alphabet.
(Sec. 353) Adds definitions of "congressional intelligence committees" and "congressional leadership" to the National Security Act of 1947.
Title IV: Central Intelligence Agency - (Sec. 401) Amends the Central Intelligence Agency Voluntary Separation Pay Act to extend its authority through FY 2005.
(Sec. 402) Prohibits the implementation of any DCI plan to revise the manner in which CIA employees are compensated until either February 1, 2004, or the date on which the DCI submits to the intelligence committees a report on a pilot project to test the efficacy and fairness of a compensation plan that differs from the one in effect on October 1, 2002. Expresses the sense of Congress that: (1) an employee performance evaluation mechanism with evaluation and training for CIA managers and employees should be phased in before the implementation of any new plan; (2) the NSA Director should not implement before February 1, 2004, an NSA compensation plan that differs from the one in effect on October 1, 2002; and (3) an NSA employee performance evaluation mechanism should be phased in for NSA managers and employees before implementation of a new plan.
Title V: Department of Defense Intelligence Activities - (Sec. 501) Authorizes the use of intelligence funds designated for counter-drug assistance to the Government of Colombia for FY 2002 and 2003 and prior fiscal years to support a unified campaign against narcotics trafficking and activities by organizations designated as terrorist organizations, as well as to protect human health and welfare in emergency circumstances, including undertaking rescue operations. Requires, in connection with such assistance: (1) a related certification by the Secretary; and (2) a report by the Secretary of State with respect to certain commitments from the newly elected President of Colombia. Terminates such authority if the Secretary determines that the Colombian armed forces are not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerilla organizations. Limits U.S. participation in any combat operation in connection with such assistance.
(Sec. 502) Authorizes the Director of NRO to exempt NRO operational files (the means by which foreign intelligence or counterintelligence is collected) from Federal provisions which require publication, disclosure, search, or review of certain Federal records. Provides limited exceptions authorizing the search and review of such files. Provides for judicial review (and exceptions) when a person alleges that NRO has improperly withheld such records. Requires the Directors of NRO and the CIA, at least every ten years, to review publication exemptions for records under their control to determine whether such exemptions may be removed, requiring the historical value or other public interest in such information to be considered during such review.
(Sec. 503) Authorizes the President, based on recommendations of the Secretary, to award Meritorious or Distinguished Senior Professional awards to employees in designated Intelligence Senior Level positions.
Title VI: National Commission on Terrorist Attacks Upon the United States - (Sec. 601) Establishes the National Commission on Terrorist Attacks Upon the United States to: (1) investigate facts and circumstances relating to the terrorist attacks of September 11, 2001; (2) identify, review, and evaluate lessons learned from such attacks regarding Federal, State, and local entity structures, coordination, policies, and procedures relative to detecting, preventing, and responding to such attacks; and (3) report to the President and Congress. Provides Commission funding through funds authorized for the National Foreign Intelligence Program.
Title VII: Information Sharing - Homeland Security Information Sharing Act - (Sec. 702) Expresses the sense of Congress that Federal, State, and local entities should share homeland security information, with special emphasis on hard-to-reach urban and rural communities.
(Sec. 703) Directs the President to prescribe and implement procedures for Federal agency: (1) sharing homeland security information with State and local personnel; and (2) handling, and sharing with State and local personnel, of classified and sensitive but unclassified information.
(Sec. 704) Requires an implementation report from the President to the congressional intelligence and judiciary committees.
(Sec. 705) Authorizes appropriations.
Title VIII: Reporting Requirements - Subtitle A: Overdue Reports - (Sec. 801) Provides a deadline of 180 days after the enactment of this Act for overdue reports which the DCI has sole or primary responsibility to prepare, coordinate, and submit to Congress. Provides a one-third funding reduction in the Office of the DCI if such reports are not received within such period.
Subtitle B: Submittal of Reports to Intelligence Committees - (Sec. 811) Designates February 1 or December 1 as the date for submission of various annual reports to the intelligence committees, and February 1 and August 1 as the dates for submission of various semiannual reports. Allows a one-month postponement if the reporting official notifies the intelligence committees, and a postponement beyond such period if the official certifies that report preparation and submittal at such time will impede the work of officers or employees of the IC in a manner detrimental to U.S. national security. Requires an annual report from the: (1) DCI evaluating the performance and responsiveness of the NSA, NRO, and NIMA in meeting their respective missions; and (2) President on U.S. requirements for intelligence and activities of the IC. Revises the dates of various additional reports to conform to the above dates, including reports required under the Central Intelligence Agency Act of 1949, the Classified Information Procedures Act, Federal armed forces and national defense provisions, prior intelligence authorization Acts, the National Defense Authorization Act for Fiscal Year 1995, the David L. Boren National Security Education Act of 1991, the Fair Credit Reporting Act, and the Right to Financial Privacy Act of 1978.
Subtitle C: Recurring Annual Reports - (Sec. 821) Requires the DCI to report to the intelligence committees assessing the current threat of attack on the United States using either: (1) ballistic or cruise missiles; or (2) a chemical, biological, or nuclear weapon delivered by a system other than a ballistic or cruise missile.
(Sec. 822) Requires the DCI to report to the intelligence committees on each covert lease of an IC element in force at the end of the preceding year.
(Sec. 823) Requires the DCI, as well as the Directors of NSA, DIA, and NIMA, to each report to the intelligence committees on activities undertaken to ensure that their financial statements can be audited in accordance with applicable law and OMB requirements.
(Sec. 824) Requires the FBI Director to report annually to specified congressional committees on activities of FBI personnel outside the United States.
(Sec. 825) Amends the Inspector General Act of 1978 to direct the Inspectors General of DIA, NIMA, NRO, and NSA to submit to the intelligence committees an annual report on proposed resources and activities for the upcoming fiscal year.
(Sec. 826) Requires the Counterdrug Intelligence Coordinating Group to report to specified congressional committees on current counterdrug intelligence matters.
(Sec. 827) Requires an annual report from the DCI to specified congressional committees setting forth each foreign company involved in the proliferation of weapons of mass destruction (or the means to deliver such weapons) that raises funds in U.S. capital markets.
Subtitle D: Other Reports - (Sec. 831) Requires the DCI to report to the intelligence committees an assessment of the effect of the use of "NOFORN" (Not Releasable to Foreign Nationals) classifications and other country-release policies, procedures, and classification restrictions on intelligence-sharing relationships and coordinated intelligence and military operations between the United States and its allies.
(Sec. 832) Requires the Inspector General of the State Department, during each of the years 2002 through 2004, to evaluate and report to the intelligence committees on the policies and procedures of the State Department regarding the protection of classified information at its headquarters, including compliance with DCI directives relating to the storage and handling of Sensitive Compartmented Information material.
Subtitle E: Repeal of Certain Report Requirements - (Sec. 841) Repeals annual reports concerning: (1) the detail of IC personnel; (2) the exercise of NSA voluntary separation pay authority; (3) transfers of funds for CIA acquisition of land; (4) the use of CIA personnel as special policemen; (5) audits of the CIA's Central Services Program; and (6) NSA special police authority.
Title IX: Counterintelligence Activities - Counterintelligence Enhancement Act of 2002 - (Sec. 902) Establishes a National Counterintelligence Executive to serve as the head of national counterintelligence.
(Sec. 903) Amends the Counterintelligence and Security Enhancements Act of 1994 to: (1) repeal current functions of the National Counterintelligence Policy Board and provide new functions, including acting as an interagency working group for counterintelligence activities; (2) make the National Counterintelligence Executive the chairperson of such Board; and (3) prescribe Board membership, including senior personnel of specified Federal departments and agencies conducting counterintelligence activities.
(Sec. 904) Establishes in the Office of the DCI an Office of the National Counterintelligence Executive. Requires the Office to: (1) produce annually a strategic planning assessment of U.S. counterintelligence requirements, to be known as the National Threat Identification and Prioritization Assessment; (2) produce annually a strategy for U.S. counterintelligence programs and activities, to be known as the National Counterintelligence Strategy; (3) evaluate on an ongoing basis the Strategy and submit to the President periodic reports on such evaluation; (4) oversee and coordinate the production of strategic analyses of counterintelligence matters, including counterintelligence damage assessments and lessons learned from counterintelligence activities; (5) coordinate a national counterintelligence program budget; (6) develop priorities for counterintelligence investigations, operations, and collection; and (7) carry out counterintelligence vulnerability surveys (with related outreach, research and development, and training and professional development). Prohibits any Assessment or Strategy, or modification thereof, from going into effect until approved by the President and requires the National Counterintelligence Executive to notify the intelligence committees of any approved Assessment, Strategy, or modification. Outlines Office personnel and support requirements.
Title X: National Commission for Review of Research and Development Programs of the United States Intelligence Community - (Sec. 1002) Establishes the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community to review and report to the intelligence committees on the status of research and development programs and activities within the IC. Requires the DCI and Secretary to submit to the intelligence committees an assessment of such report. Provides Commission funding via transfer from the Community Management Account.