In the Senate of the United States,

July 31 (legislative day, July 21), 2003.

Resolved, That the bill from the House of Representatives (H.R. 2417) entitled ‘‘An Act to authorize appropriations for fiscal year 2004 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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 2004’’.
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1 (b) TABLEOF CONTENTS.—The table of contents for

2 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.

Sec. 106. Preparation and submittal of reports, reviews, studies, and plans relating to intelligence activities of Department of Defense or Department of Energy.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Subtitle A—Recurring General Provisions

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Subtitle B—Intelligence

Sec. 311. Modification of authority to obligate and expend certain funds for intelligence activities.

Sec. 312. Modification of notice and wait requirements on projects to construct

or improve intelligence community facilities.

Sec. 313. Pilot program on analysis of signals and other intelligence by intelligence analysts of various elements of the intelligence community.

Sec. 314. Pilot program on training for intelligence analysts.

Sec. 315. Extension of National Commission for the Review of the Research and

Development Programs of the United States Intelligence Community.

Sec. 316. Budget treatment of costs of acquisition of major systems by the intelligence community.

Subtitle C—Surveillance

Sec. 321. Clarification and modification of sunset of surveillance-related amendments made by USA PATRIOT ACT of 2001.

Subtitle D—Reports

Sec. 331. Report on cleared insider threat to classified computer networks.

Sec. 332. Report on security background investigations and security clearance

procedures of the Federal Government.

Sec. 333. Report on detail of civilian intelligence personnel among elements of the

intelligence community and the Department of Defense.
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Sec. 334. Report on modifications of policy and law on classified information to

facilitate sharing of information for national security purposes.

Sec. 335. Report of Secretary of Defense and Director of Central Intelligence on

strategic planning.

Sec. 336. Report on United States dependence on computer hardware and software manufactured overseas.

Sec. 337. Report on lessons learned from military operations in Iraq.

Sec. 338. Reports on conventional weapons and ammunition obtained by Iraq in

violation of certain United Nations Security Council resolutions.

Sec. 339. Repeal of certain report requirements relating to intelligence activities.

Sec. 340 Report on operations of Directorate of Information Analysis and Infrastructure Protection and Terrorist Threat Integration Center.

Subtitle E—Other Matters

Sec. 351. Extension of suspension of reorganization of Diplomatic Telecommunications Service Program Office.

Sec. 352. Modifications of authorities on explosive materials.

Sec. 353. Modification of prohibition on the naturalization of certain persons.

Sec. 354. Modification to definition of financial institution in the Right to Financial Privacy Act.

Sec. 355. Coordination of Federal Government research on security evaluations.

Sec. 356. Technical amendments.

Sec. 357. Treatment of classified information in money laundering cases.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

Sec. 401. Amendment to certain Central Intelligence Agency Act of 1949 notification requirements.

Sec. 402. Protection of certain Central Intelligence Agency personnel from tort liability.

Sec. 403. Repeal of obsolete limitation on use of funds in Central Services Working Capital Fund.

Sec. 404. Technical amendment to Federal Information Security Management Act

of 2002.

Sec. 405. Contribution by Central Intelligence Agency employees of certain bonus

pay to Thrift Savings Plan accounts.

TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

Sec. 501. Protection of operational files of the National Security Agency.

Sec. 502. Protection of certain National Security Agency personnel from tort liability.

Sec. 503. Use of funds for counterdrug and counterterrorism activities for Colombia.

Sec. 504. Scene visualization technologies.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for fis5 cal year 2004 for the conduct of the intelligence and intel-
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1 ligence-related activities of the following elements of the

2 United States Government:

3 (1) The Central Intelligence Agency.

4 (2) The Department of Defense.

5 (3) The Defense Intelligence Agency.

6 (4) The National Security Agency.

7 (5) The Department of the Army, the Depart8 ment of the Navy, and the Department of the Air

9 Force.

10 (6) The Department of State.

11 (7) The Department of the Treasury.

12 (8) The Department of Energy.

13 (9) The Federal Bureau of Investigation.

14 (10) The National Reconnaissance Office.

15 (11) The National Imagery and Mapping Agen16 cy.

17 (12) The Coast Guard.

18 (13) The Department of Homeland Security.

19 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

20 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

21 CEILINGS.—The amounts authorized to be appropriated

22 under section 101, and the authorized personnel ceilings as

23 of September 30, 2004, for the conduct of the intelligence

24 and intelligence-related activities of the elements listed in

25 such section, are those specified in the classified Schedule
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1 of Authorizations prepared to accompany the conference re2 port on the bill ll of the One Hundred Eighth Congress.

3 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU4 THORIZATIONS.—The Schedule of Authorizations shall be

5 made available to the Committees on Appropriations of the

6 Senate and House of Representatives and to the President.

7 The President shall provide for suitable distribution of the

8 Schedule, or of appropriate portions of the Schedule, within

9 the executive branch.

10 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

11 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap12 proval of the Director of the Office of Management and

13 Budget, the Director of Central Intelligence may authorize

14 employment of civilian personnel in excess of the number

15 authorized for fiscal year 2004 under section 102 when the

16 Director of Central Intelligence determines that such action

17 is necessary to the performance of important intelligence

18 functions, except that the number of personnel employed in

19 excess of the number authorized under such section may not,

20 for any element of the intelligence community, exceed 2 per21 cent of the number of civilian personnel authorized under

22 such section for such element.

23 (b) NOTICETO INTELLIGENCE COMMITTEES.—The Di24 rector of Central Intelligence shall promptly notify the Se25 lect Committee on Intelligence of the Senate and the Perma-
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1 nent Select Committee on Intelligence of the House of Rep2 resentatives whenever the Director exercises the authority

3 granted by this section.

4 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC5 COUNT.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated for the Intelligence Commu8 nity Management Account of the Director of Central Intel9 ligence for fiscal year 2004 the sum of $198,390,000. Within

10 such amount, funds identified in the classified Schedule of

11 Authorizations referred to in section 102(a) for advanced

12 research and development shall remain available until Sep13 tember 30, 2005.

14 (b) AUTHORIZED PERSONNEL LEVELS.—The elements

15 within the Intelligence Community Management Account of

16 the Director of Central Intelligence are authorized 310 full17 time personnel as of September 30, 2004. Personnel serving

18 in such elements may be permanent employees of the Intel19 ligence Community Management Account or personnel de20 tailed from other elements of the United States Government.

21 (c) CLASSIFIED AUTHORIZATIONS.—

22 (1) AUTHORIZATION OF APPROPRIATIONS.—In

23 addition to amounts authorized to be appropriated

24 for the Intelligence Community Management Account

25 by subsection (a), there are also authorized to be ap-
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1 propriated for the Intelligence Community Manage2 ment Account for fiscal year 2004 such additional

3 amounts as are specified in the classified Schedule of

4 Authorizations referred to in section 102(a). Such ad5 ditional amounts for research and development shall

6 remain available until September 30, 2005.

7 (2) AUTHORIZATION OF PERSONNEL.—In addi8 tion to the personnel authorized by subsection (b) for

9 elements of the Intelligence Community Management

10 Account as of September 30, 2004, there are also au11 thorized such additional personnel for such elements

12 as of that date as are specified in the classified Sched13 ule of Authorizations.

14 (d) REIMBURSEMENT.—Except as provided in section

15 113 of the National Security Act of 1947 (50 U.S.C. 404h),

16 during fiscal year 2004 any officer or employee of the

17 United States or a member of the Armed Forces who is de18 tailed to the staff of the Intelligence Community Manage19 ment Account from another element of the United States

20 Government shall be detailed on a reimbursable basis, ex21 cept that any such officer, employee, or member may be de22 tailed on a nonreimbursable basis for a period of less than

23 one year for the performance of temporary functions as re24 quired by the Director of Central Intelligence.

25 (e) NATIONAL DRUG INTELLIGENCE CENTER.—
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1 (1) IN GENERAL.—Of the amount authorized to

2 be appropriated in subsection (a), $37,090,000 shall

3 be available for the National Drug Intelligence Cen4 ter. Within such amount, funds provided for research,

5 development, testing, and evaluation purposes shall

6 remain available until September 30, 2005, and funds

7 provided for procurement purposes shall remain

8 available until September 30, 2006.

9 (2) TRANSFER OF FUNDS.—The Director of Cen10 tral Intelligence shall transfer to the Attorney General

11 funds available for the National Drug Intelligence

12 Center under paragraph (1). The Attorney General

13 shall utilize funds so transferred for the activities of

14 the National Drug Intelligence Center.

15 (3) LIMITATION.—Amounts available for the Na16 tional Drug Intelligence Center may not be used in

17 contravention of the provisions of section 103(d)(1) of

18 the National Security Act of 1947 (50 U.S.C. 403–

19 3(d)(1)).

20 (4) AUTHORITY.—Notwithstanding any other

21 provision of law, the Attorney General shall retain

22 full authority over the operations of the National

23 Drug Intelligence Center.
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1 SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

2 (a) IN GENERAL.—Each requirement to submit a re3 port to the congressional intelligence committees that is in4 cluded in the joint explanatory statement to accompany the

5 conference report on the bill ll of the One Hundred

6 Eighth Congress, or in the classified annex to this Act, is

7 hereby incorporated into this Act, and is hereby made a

8 requirement in law.

9 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE10 FINED.—In this section, the term ‘‘congressional intelligence

11 committees’’ means—

12 (1) the Select Committee on Intelligence of the

13 Senate; and

14 (2) the Permanent Select Committee on Intel15 ligence of the House of Representatives.

16 SEC. 106. PREPARATION AND SUBMITTAL OF REPORTS, RE17 VIEWS, STUDIES, AND PLANS RELATING TO

18 INTELLIGENCE ACTIVITIES OF DEPARTMENT

19 OF DEFENSE OR DEPARTMENT OF ENERGY.

20 (a) CONSULTATION IN PREPARATION.—(1) The Direc21 tor of Central Intelligence shall ensure that any report, re22 view, study, or plan required to be prepared or conducted

23 by a provision of this Act, including a provision of the clas24 sified Schedule of Authorizations referred to in section

25 102(a) or the classified annex to this Act, that involves the

26 intelligence or intelligence-related activities of the Depart-
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1 ment of Defense or the Department of Energy is prepared

2 or conducted in consultation with the Secretary of Defense

3 or the Secretary of Energy, as appropriate.

4 (2) The Secretary of Defense or the Secretary of En5 ergy may carry out any consultation required by this sub6 section through an official of the Department of Defense or

7 the Department of Energy, as the case may be, designated

8 by such Secretary for that purpose.

9 (b) SUBMITTAL.—Any report, review, study, or plan

10 referred to in subsection (a) shall be submitted, in addition

11 to any other committee of Congress specified for submittal

12 in the provision concerned, to the following committees of

13 Congress:

14 (1) The Committees on Armed Services and Ap15 propriations and the Select Committee on Intelligence

16 of the Senate.

17 (2) The Committees on Armed Services and Ap18 propriations and the Permanent Select Committee on

19 Intelligence of the House of Representatives.
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated for the Central

7 Intelligence Agency Retirement and Disability Fund for fis8 cal year 2004 the sum of $226,400,000.

9 TITLE III—GENERAL

10 PROVISIONS

11 Subtitle A—Recurring General

12 Provisions

13 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

14 BENEFITS AUTHORIZED BY LAW.

15 Appropriations authorized by this Act for salary, pay,

16 retirement, and other benefits for Federal employees may

17 be increased by such additional or supplemental amounts

18 as may be necessary for increases in such compensation or

19 benefits authorized by law.

20 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

21 ACTIVITIES.

22 The authorization of appropriations by this Act shall

23 not be deemed to constitute authority for the conduct of any

24 intelligence activity which is not otherwise authorized by

25 the Constitution or the laws of the United States.
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1 Subtitle B—Intelligence

2 SEC. 311. MODIFICATION OF AUTHORITY TO OBLIGATE AND

3 EXPEND CERTAIN FUNDS FOR INTELLIGENCE

4 ACTIVITIES.

5 Section 504(a)(3) of the National Security Act of 1947

6 (50 U.S.C. 414(a)(3)) is amended—

7 (1) by inserting ‘‘and’’ at the end of subpara8 graph (A);

9 (2) by striking subparagraph (B); and

10 (3) by redesignating subparagraph (C) as sub11 paragraph (B).

12 SEC. 312. MODIFICATION OF NOTICE AND WAIT REQUIRE13 MENTS ON PROJECTS TO CONSTRUCT OR IM14 PROVE INTELLIGENCE COMMUNITY FACILI15 TIES.

16 (a) INCREASE OF THRESHOLDS FOR NOTICE.—Sub17 section (a) of section 602 of the Intelligence Authorization

18 Act for Fiscal Year 1995 (Public Law 103–359; 108 Stat.

19 3432; 50 U.S.C. 403–2b(a)) is amended—

20 (1) by striking ‘‘$750,000’’ each place it appears

21 and inserting ‘‘$5,000,000’’; and

22 (2) by striking ‘‘$500,000’’ each place it appears

23 and inserting ‘‘$1,000,000’’.
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1 (b) NOTICEAND WAIT REQUIREMENTS FOR EMER2 GENCY PROJECTS.—Subsection (b)(2) of that section is

3 amended—

4 (1) by redesignating subparagraphs (A), (B),

5 and (C) as clauses (i), (ii), and (iii), respectively;

6 (2) by inserting ‘‘(A)’’ after ‘‘(2) REPORT.—’’;

7 (3) by striking ‘‘21-day period’’ and inserting

8 ‘‘7-day period’’; and

9 (4) by adding at the end the following new sub10 paragraph:

11 ‘‘(B) Notwithstanding subparagraph (A), a

12 project referred to in paragraph (1) may begin on the

13 date the notification is received by the appropriate

14 committees of Congress under that paragraph if the

15 Director of Central Intelligence and the Secretary of

16 Defense jointly determine that—

17 ‘‘(i) an emergency exists with respect to the

18 national security or the protection of health,

19 safety, or environmental quality; and

20 ‘‘(ii) any delay in the commencement of the

21 project would harm any or all of those inter22 ests.’’.
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1 SEC. 313. PILOT PROGRAM ON ANALYSIS OF SIGNALS AND

2 OTHER INTELLIGENCE BY INTELLIGENCE AN3 ALYSTS OF VARIOUS ELEMENTS OF THE IN4 TELLIGENCE COMMUNITY.

5 (a) IN GENERAL.—The Director of Central Intelligence

6 shall, in coordination with the Secretary of Defense, carry

7 out a pilot program to assess the feasibility and advis8 ability of permitting intelligence analysts of various ele9 ments of the intelligence community to access and analyze

10 intelligence from the databases of other elements of the intel11 ligence community in order to achieve the objectives set

12 forth in subsection (c).

13 (b) COVERED INTELLIGENCE.—The intelligence to be

14 analyzed under the pilot program under subsection (a) shall

15 include the following:

16 (1) Signals intelligence of the National Security

17 Agency.

18 (2) Such intelligence of other elements of the in19 telligence community as the Director shall select for

20 purposes of the pilot program.

21 (c) OBJECTIVES.—The objectives set forth in this sub22 section are as follows:

23 (1) To enhance the capacity of the intelligence

24 community to undertake so-called ‘‘all source fusion’’

25 analysis in support of the intelligence and intel26 ligence-related missions of the intelligence community.
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1 (2) To reduce, to the extent practicable, the

2 amount of intelligence collected by the intelligence

3 community that is not assessed, or reviewed, by intel4 ligence analysts.

5 (3) To reduce the burdens imposed on analytical

6 personnel of the elements of the intelligence commu7 nity by current practices regarding the sharing of in8 telligence among elements of the intelligence commu9 nity.

10 (d) COMMENCEMENT.—The Director shall commence

11 the pilot program under subsection (a) not later than De12 cember 31, 2003.

13 (e) VARIOUS MECHANISMS REQUIRED.—In carrying

14 out the pilot program under subsection (a), the Director

15 shall develop and utilize various mechanisms to facilitate

16 the access to, and the analysis of, intelligence in the data17 bases of the intelligence community by intelligence analysts

18 of other elements of the intelligence community, including

19 the use of so-called ‘‘detailees in place’’.

20 (f) SECURITY.—(1) In carrying out the pilot program

21 under subsection (a), the Director shall take appropriate

22 actions to protect against the disclosure and unauthorized

23 use of intelligence in the databases of the elements of the

24 intelligence community which may endanger sources and
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1 methods which (as determined by the Director) warrant

2 protection.

3 (2) The actions taken under paragraph (1) shall in4 clude the provision of training on the accessing and han5 dling of information in the databases of various elements

6 of the intelligence community and the establishment of limi7 tations on access to information in such databases to United

8 States persons.

9 (g) ASSESSMENT.—Not later than February 1, 2004,

10 after the commencement under subsection (d) of the pilot

11 program under subsection (a), the Under Secretary of De12 fense for Intelligence and the Assistant Director of Central

13 Intelligence for Analysis and Production shall jointly carry

14 out an assessment of the progress of the pilot program in

15 meeting the objectives set forth in subsection (c).

16 (h) REPORT.—(1) The Director of Central Intelligence

17 shall, in coordination with the Secretary of Defense, submit

18 to the appropriate committees of Congress a report on the

19 assessment carried out under subsection (g).

20 (2) The report shall include—

21 (A) a description of the pilot program under

22 subsection (a);

23 (B) the findings of the Under Secretary and As24 sistant Director as a result of the assessment;
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1 (C) any recommendations regarding the pilot

2 program that the Under Secretary and the Assistant

3 Director jointly consider appropriate in light of the

4 assessment; and

5 (D) any recommendations that the Director and

6 Secretary consider appropriate for purposes of the re7 port.

8 (i) APPROPRIATE COMMITTEES OF CONGRESS DE9 FINED.—In this section, the term ‘‘appropriate committees

10 of Congress’’ means—

11 (1) the Select Committee on Intelligence, the

12 Committee on Armed Services, and the Committee on

13 Appropriations of the Senate; and

14 (2) the Permanent Select Committee on Intel15 ligence, the Committee on Armed Services, and the

16 Committee on Appropriations of the House of Rep17 resentatives.

18 SEC. 314. PILOT PROGRAM ON TRAINING FOR INTEL19 LIGENCE ANALYSTS.

20 (a) PILOT PROGRAM REQUIRED.—(1) The Director of

21 Central Intelligence shall carry out a pilot program to as22 sess the feasibility and advisability of providing for the

23 preparation of selected students for availability for employ24 ment as intelligence analysts for the intelligence and intel25 ligence-related activities of the United States through a
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1 training program similar to the Reserve Officers’ Training

2 Corps programs of the Department of Defense.

3 (2) The pilot program shall be known as the Intel4 ligence Community Analyst Training Program.

5 (b) ELEMENTS.—In carrying out the pilot program

6 under subsection (a), the Director shall establish and main7 tain one or more cadres of students who—

8 (1) participate in such training as intelligence

9 analysts as the Director considers appropriate; and

10 (2) upon completion of such training, are avail11 able for employment as intelligence analysts under

12 such terms and conditions as the Director considers

13 appropriate.

14 (c) DURATION.—The Director shall carry out the pilot

15 program under subsection (a) during fiscal years 2004

16 through 2006.

17 (d) LIMITATION ON NUMBER OF MEMBERS DURING

18 FISCAL YEAR 2004.—The total number of individuals par19 ticipating in the pilot program under subsection (a) during

20 fiscal year 2004 may not exceed 150 students.

21 (e) RESPONSIBILITY.—The Director shall carry out the

22 pilot program under subsection (a) through the Assistant

23 Director of Central Intelligence for Analysis and Produc24 tion.
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1 (f) REPORTS.—(1) Not later than 120 days after the

2 date of the enactment of this Act, the Director shall submit

3 to Congress a preliminary report on the pilot program

4 under subsection (a), including a description of the pilot

5 program and the authorities to be utilized in carrying out

6 the pilot program.

7 (2) Not later than one year after the commencement

8 of the pilot program, the Director shall submit to Congress

9 a report on the pilot program. The report shall include—

10 (A) a description of the activities under the pilot

11 program, including the number of individuals who

12 participated in the pilot program and the training

13 provided such individuals under the pilot program;

14 (B) an assessment of the effectiveness of the pilot

15 program in meeting the purpose of the pilot program;

16 and

17 (C) any recommendations for additional legisla18 tive or administrative action that the Director con19 siders appropriate in light of the pilot program.

20 (g) FUNDING.—Of the amounts authorized to be appro21 priated by this Act, $8,000,000 shall be available in fiscal

22 year 2004 to carry out this section.
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1 SEC. 315. EXTENSION OF NATIONAL COMMISSION FOR THE

2 REVIEW OF THE RESEARCH AND DEVELOP3 MENT PROGRAMS OF THE UNITED STATES IN4 TELLIGENCE COMMUNITY.

5 Section 1007(a) of the Intelligence Authorization Act

6 for Fiscal Year 2003 (Public Law 107–306; 116 Stat. 2442;

7 50 U.S.C. 401 note) is amended by striking ‘‘September 1,

8 2003,’’ and inserting ‘‘September 1, 2004,’’.

9 SEC. 316. BUDGET TREATMENT OF COSTS OF ACQUISITION

10 OF MAJOR SYSTEMS BY THE INTELLIGENCE

11 COMMUNITY.

12 (a) FINDINGS.—Congress makes the following findings:

13 (1) Funds within the National Foreign Intel14 ligence Program often must be shifted from program

15 to program and from fiscal year to fiscal year to ad16 dress funding shortfalls caused by significant in17 creases in the costs of acquisition of major systems by

18 the intelligence community.

19 (2) While some increases in the costs of acquisi20 tion of major systems by the intelligence community

21 are unavoidable, the magnitude of growth in the costs

22 of acquisition of many major systems indicates a sys23 temic bias within the intelligence community to un24 derestimate the costs of such acquisition, particularly

25 in the preliminary stages of development and produc26 tion.
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1 (3) Decisions by Congress to fund the acquisition

2 of major systems by the intelligence community rely

3 significantly upon initial estimates of the afford4 ability of acquiring such major systems and occur

5 within a context in which funds can be allocated for

6 a variety of alternative programs. Thus, substantial

7 increases in costs of acquisition of major systems

8 place significant burdens on the availability of funds

9 for other programs and new proposals within the Na10 tional Foreign Intelligence Program.

11 (4) Independent cost estimates, prepared by

12 independent offices, have historically represented a

13 more accurate projection of the costs of acquisition of

14 major systems.

15 (5) Recognizing the benefits associated with inde16 pendent cost estimates for the acquisition of major

17 systems, the Secretary of Defense has built upon the

18 statutory requirement in section 2434 of title 10,

19 United States Code, to develop and consider inde20 pendent cost estimates for the acquisition of such sys21 tems by mandating the use of such estimates in budg22 et requests of the Department of Defense.

23 (6) The mandatory use throughout the intel24 ligence community of independent cost estimates for

25 the acquisition of major systems will assist the Presi-
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1 dent and Congress in the development and funding of

2 budgets which more accurately reflect the require3 ments and priorities of the United States Government

4 for intelligence and intelligence-related activities.

5 (b) BUDGET TREATMENT OF COSTS OF ACQUISITION

6 OF MAJOR SYSTEMS.—Title V of the National Security Act

7 of 1947 (50 U.S.C. 413 et seq.) is amended by inserting

8 after section 506 the following new section:

9 ‘‘BUDGET TREATMENT OF COSTS OF ACQUISITION OF

10 MAJOR SYSTEMS BY THE INTELLIGENCE COMMUNITY

11 ‘‘SEC. 506A. (a) INDEPENDENT COST ESTIMATES.—

12 (1) The Director of Central Intelligence shall, in consulta13 tion with the head of each element of the intelligence com14 munity concerned, prepare an independent cost estimate of

15 the full life-cycle cost of development, procurement, and op16 eration of each major system to be acquired by the intel17 ligence community.

18 ‘‘(2) Each independent cost estimate for a major sys19 tem shall, to the maximum extent practicable, specify the

20 amount required to be appropriated and obligated to de21 velop, procure, and operate the major system in each fiscal

22 year of the proposed period of development, procurement,

23 and operation of the major system.

24 ‘‘(3)(A) In the case of a program of the intelligence

25 community that qualifies as a major system, an inde26 pendent cost estimate shall be prepared before the submis-
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1 sion to Congress of the budget of the President for the first

2 fiscal year in which appropriated funds are anticipated to

3 be obligated for the development or procurement of such

4 major system.

5 ‘‘(B) In the case of a program of the intelligence com6 munity for which an independent cost estimate was not pre7 viously required to be prepared under this section, includ8 ing a program for which development or procurement com9 menced before the date of the enactment of the Intelligence

10 Authorization Act for Fiscal Year 2004, if the aggregate fu11 ture costs of development or procurement (or any combina12 tion of such activities) of the program will exceed

13 $500,000,000 (in current fiscal year dollars), the program

14 shall qualify as a major system for purposes of this section,

15 and an independent cost estimate for such major system

16 shall be prepared before the submission to Congress of the

17 budget of the President for the first fiscal year thereafter

18 in which appropriated funds are anticipated to be obligated

19 for such major system.

20 ‘‘(4) The independent cost estimate for a major system

21 shall be updated upon—

22 ‘‘(A) the completion of any preliminary design

23 review associated with the major system;

24 ‘‘(B) any significant modification to the antici25 pated design of the major system; or
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1 ‘‘(C) any change in circumstances that renders

2 the current independent cost estimate for the major

3 system inaccurate.

4 ‘‘(5) Any update of an independent cost estimate for

5 a major system under paragraph (4) shall meet all require6 ments for independent cost estimates under this section, and

7 shall be treated as the most current independent cost esti8 mate for the major system until further updated under that

9 paragraph.

10 ‘‘(b) PREPARATION OF INDEPENDENT COST ESTI11 MATES.—(1) The Director shall establish within the Office

12 of the Deputy Director of Central Intelligence for Commu13 nity Management an office which shall be responsible for

14 preparing independent cost estimates, and any updates

15 thereof, under subsection (a), unless a designation is made

16 under paragraph (2).

17 ‘‘(2) In the case of the acquisition of a major system

18 for an element of the intelligence community within the De19 partment of Defense, the Director and the Secretary of De20 fense shall provide that the independent cost estimate, and

21 any updates thereof, under subsection (a) be prepared by

22 an entity jointly designated by the Director and the Sec23 retary in accordance with section 2434(b)(1)(A) of title 10,

24 United States Code.
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1 ‘‘(c) UTILIZATION IN BUDGETS OF PRESIDENT.—If the

2 budget of the President requests appropriations for any fis3 cal year for the development or procurement of a major sys4 tem by the intelligence community, the President shall re5 quest in such budget an amount of appropriations for the

6 development or procurement, as the case may be, of the

7 major system that is equivalent to the amount of appropria8 tions identified in the most current independent cost esti9 mate for the major system for obligation for each fiscal year

10 for which appropriations are requested for the major system

11 in such budget.

12 ‘‘(d) INCLUSION OF ESTIMATES IN BUDGET JUS13 TIFICATION MATERIALS.—The budget justification mate14 rials submitted to Congress in support of the budget of the

15 President shall include the most current independent cost

16 estimate under this section for each major system for which

17 appropriations are requested in such budget for any fiscal

18 year.

19 ‘‘(e) DEFINITIONS.—In this section:

20 ‘‘(1) The term ‘budget of the President’ means

21 the budget of the President for a fiscal year as sub22 mitted to Congress under section 1105(a) of title 31,

23 United States Code.

24 ‘‘(2) The term ‘independent cost estimate’ means

25 a pragmatic and neutral analysis, assessment, and
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1 quantification of all costs and risks associated with

2 the acquisition of a major system, which shall be

3 based on programmatic and technical specifications

4 provided by the office within the element of the intel5 ligence community with primary responsibility for

6 the development, procurement, or operation of the

7 major system.

8 ‘‘(3) The term ‘major system’ means any signifi9 cant program of an element of the intelligence com10 munity with projected total development and procure11 ment costs exceeding $500,000,000 (in current fiscal

12 year dollars), which costs shall include all end-to-end

13 program costs, including costs associated with the de14 velopment and procurement of the program and any

15 other costs associated with the development and pro16 curement of systems required to support or utilize the

17 program.’’.

18 (c) CLERICAL AMENDMENT.—The table of contents for

19 the National Security Act of 1947 is amended by inserting

20 after the item relating to section 506 the following new item:

‘‘Sec. 506A. Budget treatment of costs of acquisition of major systems by the intelligence community.’’.
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1 Subtitle C—Surveillance

2 SEC. 321. CLARIFICATION AND MODIFICATION OF SUNSET

3 OF SURVEILLANCE-RELATED AMENDMENTS

4 MADE BY USA PATRIOT ACT OF 2001.

5 (a) CLARIFICATION.—Section 224 of the USA PA6 TRIOT ACT of 2001 (Public Law 107–56; 115 Stat. 295)

7 is amended by adding at the end the following new sub8 section:

9 ‘‘(c) EFFECT OF SUNSET.—Effective on December 31,

10 2005, each provision of law the amendment of which is sun11 set by subsection (a) shall be revived so as to be in effect

12 as such provision of law was in effect on October 25, 2001.’’.

13 (b) MODIFICATION.—Subsection (a) of that section is

14 amended by inserting ‘‘204,’’ after ‘‘203(c),’’.

15 Subtitle D—Reports

16 SEC. 331. REPORT ON CLEARED INSIDER THREAT TO CLAS17 SIFIED COMPUTER NETWORKS.

18 (a) REPORT REQUIRED.—The Director of Central In19 telligence and the Secretary of Defense shall jointly submit

20 to the appropriate committees of Congress a report on the

21 risks to the national security of the United States of the

22 current computer security practices of the elements of the

23 intelligence community and of the Department of Defense.

24 (b) ASSESSMENTS.—The report under subsection (a)

25 shall include an assessment of the following:
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1 (1) The vulnerability of the computers and com2 puter systems of the elements of the intelligence com3 munity, and of the Department of Defense, to various

4 threats from foreign governments, international ter5 rorist organizations, and organized crime, including

6 information warfare (IW), Information Operations

7 (IO), Computer Network Exploitation (CNE), and

8 Computer Network Attack (CNA).

9 (2) The risks of providing users of local area net10 works (LANs) or wide-area networks (WANs) of com11 puters that include classified information with capa12 bilities for electronic mail, upload and download, or

13 removable storage media without also deploying com14 prehensive computer firewalls, accountability proce15 dures, or other appropriate security controls.

16 (3) Any other matters that the Director and the

17 Secretary jointly consider appropriate for purposes of

18 the report.

19 (c) INFORMATION ON ACCESS TO NETWORKS.—The re20 port under subsection (a) shall also include information as

21 follows:

22 (1) An estimate of the number of access points

23 on each classified computer or computer system of an

24 element of the intelligence community or the Depart25 ment of Defense that permit unsupervised uploading
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1 or downloading of classified information, set forth by

2 level of classification.

3 (2) An estimate of the number of individuals uti4 lizing such computers or computer systems who have

5 access to input-output devices on such computers or

6 computer systems.

7 (3) A description of the policies and procedures

8 governing the security of the access points referred to

9 in paragraph (1), and an assessment of the adequacy

10 of such policies and procedures.

11 (4) An assessment of viability of utilizing other

12 technologies (including so-called ‘‘thin client servers’’)

13 to achieve enhanced security of such computers and

14 computer systems through more rigorous control of ac15 cess to such computers and computer systems.

16 (d) RECOMMENDATIONS.—The report under subsection

17 (a) shall also include such recommendations for modifica18 tions or improvements of the current computer security

19 practices of the elements of the intelligence community, and

20 of the Department of Defense, as the Director and the Sec21 retary jointly consider appropriate as a result of the assess22 ments under subsection (b) and the information under sub23 section (c).

24 (e) SUBMITTAL DATE.—The report under subsection

25 (a) shall be submitted not later than February 15, 2004.
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1 (f) FORM.—The report under subsection (a) may be

2 submitted in classified or unclassified form, at the election

3 of the Director.

4 (g) DEFINITIONS.—In this section:

5 (1) The term ‘‘appropriate committees of Con6 gress’’ means—

7 (A) the Select Committee on Intelligence

8 and the Committee on Armed Services of the

9 Senate; and

10 (B) the Permanent Select Committee on In11 telligence and the Committee on Armed Services

12 of the House of Representatives.

13 (2) The term ‘‘elements of the intelligence com14 munity’’ means the elements of the intelligence com15 munity set forth in or designated under section 3(4)

16 of the National Security Act of 1947 (50 U.S.C.

17 401a(4)).

18 SEC. 332. REPORT ON SECURITY BACKGROUND INVESTIGA19 TIONS AND SECURITY CLEARANCE PROCE20 DURES OF THE FEDERAL GOVERNMENT.

21 (a) REPORT REQUIRED.—The Director of Central In22 telligence and the Secretary of Defense shall jointly submit

23 to the appropriate committees of Congress a report on the

24 utility and effectiveness of the current security background

25 investigations and security clearance procedures of the Fed-
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1 eral Government in meeting the purposes of such investiga2 tions and procedures.

3 (b) PARTICULAR REPORT MATTERS.—In preparing

4 the report, the Director and the Secretary shall address in

5 particular the following:

6 (1) A comparison of the costs and benefits of con7 ducting background investigations for Secret clear8 ance with the costs and benefits of conducting full

9 field background investigations.

10 (2) The standards governing the revocation of se11 curity clearances.

12 (c) RECOMMENDATIONS.—The report under subsection

13 (a) shall include such recommendations for modifications

14 or improvements of the current security background inves15 tigations or security clearance procedures of the Federal

16 Government as the Director and the Secretary jointly con17 sider appropriate as a result of the preparation of the re18 port under that subsection.

19 (d) SUBMITTAL DATE.—The report under subsection

20 (a) shall be submitted not later than February 15, 2004.

21 (e) APPROPRIATE COMMITTEES OF CONGRESS DE22 FINED.—In this section, the term ‘‘appropriate committees

23 of Congress’’ means—
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1 (1) the Select Committee on Intelligence and the

2 Committees on Armed Services and the Judiciary of

3 the Senate; and

4 (2) the Permanent Select Committee on Intel5 ligence and the Committees on Armed Services and

6 the Judiciary of the House of Representatives.

7 SEC. 333. REPORT ON DETAIL OF CIVILIAN INTELLIGENCE

8 PERSONNEL AMONG ELEMENTS OF THE IN9 TELLIGENCE COMMUNITY AND THE DEPART10 MENT OF DEFENSE.

11 (a) REPORT REQUIRED.—The Director of Central In12 telligence shall, in consultation with the heads of the ele13 ments of the intelligence community, submit to the appro14 priate committees of Congress a report on means of improv15 ing the detail or transfer of civilian intelligence personnel

16 between and among the various elements of the intelligence

17 community for the purpose of enhancing the flexibility and

18 effectiveness of the intelligence community in responding to

19 changes in requirements for the collection, analysis, and

20 dissemination of intelligence.

21 (b) REPORT ELEMENTS.—The report under subsection

22 (a) shall—

23 (1) set forth a variety of proposals on means of

24 improving the detail or transfer of civilian intel25 ligence personnel as described in that subsection;
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1 (2) identify the proposal or proposals determined

2 by the heads of the elements of the intelligence com3 munity to be most likely to meet the purpose described

4 in that subsection; and

5 (3) include such recommendations for such legis6 lative or administrative action as the heads of the ele7 ments of the intelligence community consider appro8 priate to implement the proposal or proposals identi9 fied under paragraph (2).

10 (c) SUBMITTAL DATE.—The report under subsection

11 (a) shall be submitted not later than February 15, 2004.

12 (d) DEFINITIONS.—In this section:

13 (1) The term ‘‘appropriate committees of Con14 gress’’ means—

15 (A) the Select Committee on Intelligence

16 and the Committees on Armed Services and the

17 Judiciary of the Senate; and

18 (B) the Permanent Select Committee on In19 telligence and the Committees on Armed Services

20 and the Judiciary of the House of Representa21 tives.

22 (2) The term ‘‘elements of the intelligence com23 munity’’ means the elements of the intelligence com24 munity set forth in or designated under section 3(4)
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1 of the National Security Act of 1947 (50 U.S.C.

2 401a(4)).

3 (3) The term ‘‘heads of the elements of the intel4 ligence community’’ includes the Secretary of Defense

5 with respect to each element of the intelligence com6 munity within the Department of Defense or the mili7 tary departments.

8 SEC. 334. REPORT ON MODIFICATIONS OF POLICY AND LAW

9 ON CLASSIFIED INFORMATION TO FACILI10 TATE SHARING OF INFORMATION FOR NA11 TIONAL SECURITY PURPOSES.

12 (a) REPORT.—Not later than four months after the

13 date of the enactment of this Act, the President shall submit

14 to the appropriate committees of Congress a report that—

15 (1) identifies impediments in current policy and

16 regulations to the sharing of classified information

17 horizontally across and among Federal departments

18 and agencies, and between Federal departments and

19 agencies and vertically to and from agencies of State

20 and local governments and the private sector, for na21 tional security purposes, including homeland security;

22 (2) proposes appropriate modifications of policy,

23 law, and regulations to eliminate such impediments

24 in order to facilitate such sharing of classified infor-
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1 mation for homeland security purposes, including

2 homeland security; and

3 (3) outlines a plan of action (including appro4 priate milestones and funding) to establish the Ter5 rorist Threat Integration Center as called for in the

6 Information on the State of the Union given by the

7 President to Congress under section 3 of Article II of

8 the Constitution of the United States in 2003.

9 (b) CONSIDERATIONS.—In preparing the report under

10 subsection (a), the President shall—

11 (1) consider the extent to which the reliance on

12 a document-based approach to the protection of classi13 fied information impedes the sharing of classified in14 formation; and

15 (2) consider the extent to which the utilization of

16 a database-based approach, or other electronic ap17 proach, to the protection of classified information

18 might facilitate the sharing of classified information.

19 (c) COORDINATION WITH OTHER INFORMATION SHAR20 ING ACTIVITIES.—In preparing the report under subsection

21 (a), the President shall, to the maximum extent practicable,

22 take into account actions being undertaken under the

23 Homeland Security Information Sharing Act (subtitle I of

24 title VIII of Public Law 107–296; 116 Stat. 2252; 6 U.S.C.

25 481 et seq.).
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1 (d) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees

3 of Congress’’ means—

4 (1) the Select Committee on Intelligence and the

5 Committees on Armed Services and the Judiciary of

6 the Senate; and

7 (2) the Permanent Select Committee on Intel8 ligence, the Select Committee on Homeland Security,

9 and the Committees on Armed Services and the Judi10 ciary of the House of Representatives.

11 SEC. 335. REPORT OF SECRETARY OF DEFENSE AND DIREC12 TOR OF CENTRAL INTELLIGENCE ON STRA13 TEGIC PLANNING.

14 (a) REPORT.—Not later than February 15, 2004, the

15 Secretary of Defense and the Director of Central Intelligence

16 shall jointly submit to the appropriate committees of Con17 gress a report that assesses progress in the following:

18 (1) The development by the Department of De19 fense and the intelligence community of a comprehen20 sive and uniform analytical capability to assess the

21 utility and advisability of various sensor and plat22 form architectures and capabilities for the collection

23 of intelligence.
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1 (2) The improvement of coordination between the

2 Department and the intelligence community on stra3 tegic and budgetary planning.

4 (b) FORM.—The report under subsection (a) may be

5 submitted in classified form.

6 (c) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate committees

8 of Congress’’ means—

9 (1) the Select Committee on Intelligence and the

10 Committee on Armed Services of the Senate; and

11 (2) the Permanent Select Committee on Intel12 ligence and the Committee on Armed Services of the

13 House of Representatives.

14 SEC. 336. REPORT ON UNITED STATES DEPENDENCE ON

15 COMPUTER HARDWARE AND SOFTWARE MAN16 UFACTURED OVERSEAS.

17 (a) REPORT.—Not later than February 15, 2004, the

18 Director of Central Intelligence shall submit to the appro19 priate committees of Congress a report on the extent of

20 United States dependence on computer hardware or soft21 ware that is manufactured overseas.

22 (b) ELEMENTS.—The report under subsection (a) shall

23 address the following:
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1 (1) The extent to which the United States cur2 rently depends on computer hardware or software

3 that is manufactured overseas.

4 (2) The extent to which United States depend5 ence on such computer hardware or software is in6 creasing.

7 (3) The vulnerabilities of the national security

8 and economy of the United States as a result of

9 United States dependence on such computer hardware

10 or software.

11 (4) Any other matters relating to United States

12 dependence on such computer hardware or software

13 that the Director considers appropriate.

14 (c) CONSULTATION WITH PRIVATE SECTOR.—In pre15 paring the report under subsection (a), the Director may

16 consult, and is encouraged to consult, with appropriate per17 sons and entities in the computer hardware or software in18 dustry and with other appropriate persons and entities in

19 the private sector.

20 (d) FORM.—(1) The report under subsection (a) shall

21 be submitted in unclassified form, but may include a classi22 fied annex.

23 (2) The report may be in the form of a National Intel24 ligence Estimate.
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1 (e) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees

3 of Congress’’ means—

4 (1) the Select Committee on Intelligence and the

5 Committee on Armed Services of the Senate; and

6 (2) the Permanent Select Committee on Intel7 ligence and the Committee on Armed Services of the

8 House of Representatives.

9 SEC. 337. REPORT ON LESSONS LEARNED FROM MILITARY

10 OPERATIONS IN IRAQ.

11 (a) REPORT.—Not later than one year after the date

12 of the enactment of this Act, the Director of Central Intel13 ligence shall submit to the appropriate committees of Con14 gress a report on the intelligence lessons learned as a result

15 of Operation Iraqi Freedom.

16 (b) RECOMMENDATIONS.—The report under subsection

17 (a) shall include such recommendations on means of im18 proving training, equipment, operations, coordination, and

19 collection of or for intelligence as the Director considers ap20 propriate.

21 (c) FORM.—The report under subsection (a) shall be

22 submitted in classified form.

23 (d) APPROPRIATE COMMITTEES OF CONGRESS DE24 FINED.—In this section, the term ‘‘appropriate committees

25 of Congress’’ means—
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1 (1) the Select Committee on Intelligence and the

2 Committee on Armed Services of the Senate; and

3 (2) the Permanent Select Committee on Intel4 ligence and the Committee on Armed Services of the

5 House of Representatives.

6 SEC. 338. REPORTS ON CONVENTIONAL WEAPONS AND AM7 MUNITION OBTAINED BY IRAQ IN VIOLATION

8 OF CERTAIN UNITED NATIONS SECURITY

9 COUNCIL RESOLUTIONS.

10 (a) PRELIMINARY REPORT.—Not later than 120 days

11 after the date of the cessation of hostilities in Iraq (as deter12 mined by the President), the Director of the Defense Intel13 ligence Agency shall, after such consultation with the Sec14 retary of State and the Attorney General as the Director

15 considers appropriate, submit to the appropriate commit16 tees of Congress a preliminary report on all information

17 obtained by the Department of Defense and the intelligence

18 community on the conventional weapons and ammunition

19 obtained by Iraq in violation of applicable resolutions of

20 the United Nations Security Council adopted since the in21 vasion of Kuwait by Iraq in August 1990.

22 (b) FINAL REPORT.—(1) Not later than 270 days after

23 the date of the cessation of hostilities in Iraq (as so deter24 mined), the Director shall submit to the appropriate com-
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1 mittees of Congress a final report on the information de2 scribed in subsection (a).

3 (2) The final report under paragraph (1) shall include

4 such updates of the preliminary report under subsection (a)

5 as the Director considers appropriate.

6 (c) ELEMENTS.—Each report under this section shall

7 set forth, to the extent practicable, with respect to each ship8 ment of weapons or ammunition addressed in such report

9 the following:

10 (1) The country of origin.

11 (2) Any country of transshipment.

12 (d) FORM.—Each report under this section shall be

13 submitted in unclassified form, but may include a classified

14 annex.

15 (e) APPROPRIATE COMMITTEES OF CONGRESS DE16 FINED.—In this section, the term ‘‘appropriate committees

17 of Congress’’ means—

18 (1) the Select Committee on Intelligence and the

19 Committees on Armed Services and Foreign Relations

20 of the Senate; and

21 (2) the Permanent Select Committee on Intel22 ligence and the Committees on Armed Services and

23 International Relations of the House of Representa24 tives.
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1 SEC. 339. REPEAL OF CERTAIN REPORT REQUIREMENTS RE2 LATING TO INTELLIGENCE ACTIVITIES.

3 (a) ANNUAL EVALUATION OF PERFORMANCE AND RE4 SPONSIVENESS OF INTELLIGENCE COMMUNITY.—Section

5 105 of the National Security Act of 1947 (50 U.S.C. 403–

6 5) is amended by striking subsection (d).

7 (b) PERIODIC AND SPECIAL REPORTS ON DISCLOSURE

8 OF INTELLIGENCE INFORMATION TO UNITED NATIONS.—

9 Section 112 of the National Security Act of 1947 (50 U.S.C.

10 404g) is amended—

11 (1) by striking subsection (b); and

12 (2) by redesignating subsections (c), (d), and (e)

13 as subsections (b), (c), and (d), respectively.

14 (c) ANNUAL REPORT ON INTELLIGENCE COMMUNITY

15 COOPERATION WITH COUNTERDRUG ACTIVITIES.—Section

16 114 of the National Security Act of 1947 (50 U.S.C. 404i)

17 is amended—

18 (1) by striking subsection (a); and

19 (2) by redesignating subsections (b) through (f)

20 as subsections (a) through (e), respectively.

21 (d) ANNUAL REPORT ON COVERT LEASES.—Section

22 114 of the National Security Act of 1947, as amended by

23 this section, is further amended—

24 (1) by striking subsection (d); and

25 (2) by redesignating subsection (e) as subsection

26 (d).
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1 (e) ANNUAL REPORT ON PROTECTION OF COVERT

2 AGENTS.—Section 603 of the National Security Act of 1947

3 (50 U.S.C. 423) is repealed.

4 (f) ANNUAL REPORT ON CERTAIN FOREIGN COMPA5 NIES INVOLVED IN PROLIFERATION OF WEAPONS OF MASS

6 DESTRUCTION.—Section 827 of the Intelligence Authoriza7 tion Act for Fiscal Year 2003 (Public Law 107–306; 116

8 Stat. 2430; 50 U.S.C. 404n–3) is repealed.

9 (g) ANNUAL REPORT ON INTELLIGENCE ACTIVITIES OF

10 PEOPLE’S REPUBLIC OF CHINA.—Section 308 of the Intel11 ligence Authorization Act for Fiscal Year 1998 (Public Law

12 105–107; 111 Stat. 2253; 50 U.S.C. 402a note) is repealed.

13 (h) ANNUAL REPORT ON COORDINATION OF COUNTER14 INTELLIGENCE MATTERS WITH FBI.—Section 811(c) of the

15 Counterintelligence and Security Enhancements Act of

16 1994 (title VIII of Public Law 103–359; 50 U.S.C. 402a(c))

17 is amended—

18 (1) by striking paragraph (6); and

19 (2) by redesignating paragraphs (7) and (8) as

20 paragraphs (6) and (7), respectively.

21 (i) REPORT ON POSTEMPLOYMENT ASSISTANCEFOR

22 TERMINATED INTELLIGENCE EMPLOYEES.—Section 1611

23 of title 10, United States Code, is amended by striking sub24 section (e).
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1 (j) ANNUAL REPORT ON ACTIVITIES OF FBI PER2 SONNEL OUTSIDETHE UNITED STATES.—Section 540C of

3 title 18, United States Code, is repealed.

4 (k) ANNUAL REPORT ON EXCEPTIONS TO CONSUMER

5 DISCLOSURE REQUIREMENTS FOR NATIONAL SECURITY IN6 VESTIGATIONS.—Section 604(b)(4) of the Fair Credit Re7 porting Act (15 U.S.C. 1681b(b)(4)) is amended—

8 (1) by striking subparagraphs (D) and (E); and

9 (2) by redesignating subparagraph (F) as sub10 paragraph (D).

11 (l) CONFORMING AMENDMENTS.—Section 507 of the

12 National Security Act of 1947 (50 U.S.C. 415b) is

13 amended—

14 (1) in subsection (a)—

15 (A) in paragraph (1)—

16 (i) by striking subparagraphs (A), (C),

17 (D), (G), (I), (J), and (L); and

18 (ii) by redesignating subparagraphs

19 (B), (E), (F), (H), (K), (M), and (N) as

20 subparagraphs (A), (B), (C), (D), (E), (F),

21 and (G), respectively; and

22 (iii) in subparagraph (G), as so redes23 ignated, by striking ‘‘section 114(c)’’ and

24 inserting ‘‘section 114(b)’’.

25 (B) in paragraph (2)—
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1 (i) in subparagraph (A), by striking

2 ‘‘section 114(b)’’ and inserting ‘‘section

3 114(a)’’;

4 (ii) in subparagraph (B), by striking

5 ‘‘section 114(d)’’ and inserting ‘‘section

6 114(c)’’;

7 (iii) by striking subparagraphs (C),

8 (E), and (F); and

9 (iv) by redesignating subparagraphs

10 (D) and (G) as subparagraphs (C) and (D),

11 respectively; and

12 (2) in subsection (b)—

13 (A) by striking paragraph (1); and

14 (B) by redesignating paragraphs (2)

15 through (8) as paragraphs (1) through (7), re16 spectively.

17 (m) CLERICAL AMENDMENTS.—

18 (1) NATIONAL SECURITY ACT OF 1947.—The table

19 of contents for the National Security Act of 1947 is

20 amended by striking the item relating to section 603.

21 (2) TITLE18, UNITED STATES CODE.—The table

22 of sections at the beginning of chapter 33 of title 18,

23 United States Code, is amended by striking the item

24 relating to section 540C.
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1 (n) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect on December 31, 2003.

3 SEC. 340. REPORT ON OPERATIONS OF DIRECTORATE OF

4 INFORMATION ANALYSIS AND INFRASTRUC5 TURE PROTECTION AND TERRORIST THREAT

6 INTEGRATION CENTER.

7 (a) REPORT REQUIRED.—The Secretary of Homeland

8 Security shall submit to the appropriate committees of Con9 gress a report on the operations of the Directorate of Infor10 mation Analysis and Infrastructure Protection of the De11 partment of Homeland Security and the Terrorist Threat

12 Integration Center. The report shall include the following:

13 (1) An assessment of the operations of the Direc14 torate, including the capability of the Directorate—

15 (A) to meet personnel requirements, includ16 ing requirements to employ qualified analysts,

17 and the status of efforts to employ qualified ana18 lysts;

19 (B) to share intelligence information with

20 the other elements of the intelligence community,

21 including the sharing of intelligence information

22 through secure information technology connec23 tions between the Directorate and the other ele24 ments of the intelligence community;
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1 (C) to disseminate intelligence information,

2 or analyses of intelligence information, to other

3 departments and agencies of the Federal Govern4 ment and, as appropriate, to State and local

5 governments;

6 (D) to coordinate with State and local

7 counterterrorism and law enforcement officials;

8 (E) to access information, including intel9 ligence and law enforcement information, from

10 the departments and agencies of the Federal Gov11 ernment, including the ability to access, in a

12 timely and efficient manner, all information au13 thorized by section 202 of the Homeland Secu14 rity Act of 2002 (Public Law 107–296; 6 U.S.C.

15 122); and

16 (F) to fulfill, given the current assets and

17 capabilities of the Directorate, the responsibil18 ities set forth in section 201 of the Homeland Se19 curity Act of 2002 (6 U.S.C. 121);

20 (2) A delineation of the responsibilities and du21 ties of the Directorate and of the responsibilities and

22 duties of the Center.

23 (3) A delineation and summary of the areas in

24 which the responsibilities and duties of the Direc25 torate and the Center overlap.
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1 (4) An assessment of whether the areas of over2 lap, if any, delineated under paragraph (3) represent

3 an inefficient utilization of the limited resources of

4 the Directorate and the intelligence community.

5 (5) Such information as the Secretary, in coordi6 nation with the Director of Central Intelligence and

7 the Director of the Federal Bureau of Investigation,

8 considers appropriate to explain the basis for the es9 tablishment and operation of the Center as a ‘‘joint

10 venture’’ of participating agencies rather than as an

11 element of the Directorate reporting directly to the

12 Secretary through the Under Secretary of Homeland

13 Security for Information Analysis and Infrastructure

14 Protection.

15 (b) SUBMITTAL DATE.—The report required by this

16 section shall be submitted not later than May 1, 2004.

17 (c) FORM.—The report required by this section shall

18 be submitted in unclassified form, but may include a classi19 fied annex.

20 (d) APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED.—In this section, the term ‘‘appropriate committees

22 of Congress’’ means—

23 (1) the Select Committee on Intelligence and the

24 Committees on Governmental Affairs, the Judiciary,

25 and Appropriations of the Senate; and
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1 (2) the Permanent Select Committee on Intel2 ligence, the Select Committee on Homeland Security,

3 and the Committees on the Judiciary and Appropria4 tions of the House of Representatives.

5 Subtitle E—Other Matters

6 SEC. 351. EXTENSION OF SUSPENSION OF REORGANIZA7 TION OF DIPLOMATIC TELECOMMUNI8 CATIONS SERVICE PROGRAM OFFICE.

9 Section 311 of the Intelligence Authorization Act for

10 Fiscal Year 2002 (Public Law 107–108; 22 U.S.C. 7301

11 note) is amended—

12 (1) in the heading, by striking ‘‘TWO-YEAR’’

13 before ‘‘SUSPENSION OF REORGANIZA14 TION’’; and

15 (2) in the text, by striking ‘‘ending on October

16 1, 2003’’ and inserting ‘‘ending on the date that is 60

17 days after the appropriate congressional committees

18 of jurisdiction (as defined in section 324(d) of that

19 Act (22 U.S.C. 7304(d)) are notified jointly by the

20 Secretary of State (or the Secretary’s designee) and

21 the Director of the Office of Management and Budget

22 (or the Director’s designee) that the operational

23 framework for the office has been terminated’’.
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1 SEC. 352. MODIFICATIONS OF AUTHORITIES ON EXPLOSIVE

2 MATERIALS.

3 (a) CLARIFICATION OF ALIENS AUTHORIZED TO DIS4 TRIBUTE EXPLOSIVE MATERIALS.—Section 842(d)(7) of

5 title 18, United States Code, is amended—

6 (1) in subparagraph (A), by striking ‘‘or’’ at the

7 end;

8 (2) in subparagraph (B)—

9 (A) by inserting ‘‘or’’ at the end of clause

10 (i); and

11 (B) by striking clauses (iii) and (iv); and

12 (3) by adding the following new subparagraphs:

13 ‘‘(C) is a member of a North Atlantic Trea14 ty Organization (NATO) or other friendly for15 eign military force, as determined by the Attor16 ney General in consultation with the Secretary

17 of Defense, who is present in the United States

18 under military orders for training or other mili19 tary purpose authorized by the United States

20 and the shipping, transporting, possession, or re21 ceipt of explosive materials is in furtherance of

22 the authorized military purpose; or

23 ‘‘(D) is lawfully present in the United

24 States in cooperation with the Director of Cen25 tral Intelligence, and the shipment, transpor-
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1 tation, receipt, or possession of the explosive ma2 terials is in furtherance of such cooperation;’’.

3 (b) CLARIFICATION OF ALIENS AUTHORIZED TO POS4 SESS OR RECEIVE EXPLOSIVE MATERIALS.—Section

5 842(i)(5) of title 18, United States Code, is amended—

6 (1) in subparagraph (A), by striking ‘‘or’’ at the

7 end;

8 (2) in subparagraph (B)—

9 (A) by inserting ‘‘or’’ at the end of clause

10 (i); and

11 (B) by striking clauses (iii) and (iv); and

12 (3) by adding the following new subparagraphs:

13 ‘‘(C) is a member of a North Atlantic Trea14 ty Organization (NATO) or other friendly for15 eign military force, as determined by the Attor16 ney General in consultation with the Secretary

17 of Defense, who is present in the United States

18 under military orders for training or other mili19 tary purpose authorized by the United States

20 and the shipping, transporting, possession, or re21 ceipt of explosive materials is in furtherance of

22 the authorized military purpose; or

23 ‘‘(D) is lawfully present in the United

24 States in cooperation with the Director of Cen25 tral Intelligence, and the shipment, transpor-
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1 tation, receipt, or possession of the explosive ma2 terials is in furtherance of such cooperation;’’.

3 SEC. 353. MODIFICATION OF PROHIBITION ON THE NATU4 RALIZATION OF CERTAIN PERSONS.

5 Section 313(e)(4) of the Immigration and Nationality

6 Act (8 U.S.C. 1424(e)(4)) is amended—

7 (1) by inserting ‘‘when Department of Defense

8 activities are relevant to the determination’’ after

9 ‘‘Secretary of Defense’’; and

10 (2) by inserting ‘‘and the Secretary of Homeland

11 Security’’ after ‘‘Attorney General’’.

12 SEC. 354. MODIFICATION TO DEFINITION OF FINANCIAL IN13 STITUTION IN THE RIGHT TO FINANCIAL PRI14 VACY ACT.

15 The Right to Financial Privacy Act of 1978 (12 U.S.C.

16 3401 et seq.) is amended—

17 (1) in section 1101(1) (12 U.S.C. 3401(1)), by

18 inserting ‘‘, except as provided in section 1114,’’ be19 fore ‘‘means any office’’; and

20 (2) in section 1114 (12 U.S.C. 3414), by adding

21 at the end the following:

22 ‘‘(c) For purposes of this section, the term ‘financial

23 institution’ has the same meaning as in section 5312(a)(2)

24 of title 31, United States Code, except that, for purposes

25 of this section, such term shall include only such a financial
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1 institution any part of which is located inside any State

2 or territory of the United States, the District of Columbia,

3 Puerto Rico, Guam, American Samoa, or the United States

4 Virgin Islands.’’.

5 SEC. 355. COORDINATION OF FEDERAL GOVERNMENT RE6 SEARCH ON SECURITY EVALUATIONS.

7 (a) WORKSHOPS FOR COORDINATION OF RESEARCH.—

8 The National Science Foundation and the Office of Science

9 and Technology Policy shall jointly sponsor not less than

10 two workshops on the coordination of Federal Government

11 research on the use of behavioral, psychological, and physio12 logical assessments of individuals in the conduct of security

13 evaluations.

14 (b) DEADLINE FOR COMPLETION OF ACTIVITIES.—The

15 activities of the workshops sponsored under subsection (a)

16 shall be completed not later than March 1, 2004.

17 (c) PURPOSES.—The purposes of the workshops spon18 sored under subsection (a) are as follows:

19 (1) To provide a forum for cataloging and co20 ordinating federally-funded research activities relat21 ing to the development of new techniques in the be22 havioral, psychological, or physiological assessment of

23 individuals to be used in security evaluations.

24 (2) To develop a research agenda for the Federal

25 Government on behavioral, psychological, and physio-
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1 logical assessments of individuals, including an iden2 tification of the research most likely to advance the

3 understanding of the use of such assessments of indi4 viduals in security evaluations.

5 (3) To distinguish between short-term and long6 term areas of research on behavioral, psychological,

7 and physiological assessments of individuals in order

8 maximize the utility of short-term and long-term re9 search on such assessments.

10 (4) To identify the Federal agencies best suited

11 to support research on behavioral, psychological, and

12 physiological assessments of individuals.

13 (5) To develop recommendations for coordinating

14 future federally-funded research for the development,

15 improvement, or enhancement of security evaluations.

16 (d) ADVISORY GROUP.—(1) In order to assist the Na17 tional Science Foundation and the Office of Science and

18 Technology Policy in carrying out the activities of the work19 shops sponsored under subsection (a), there is hereby estab20 lished an interagency advisory group with respect to such

21 workshops.

22 (2) The advisory group shall be composed of the fol23 lowing:
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1 (A) A representative of the Social, Behavioral,

2 and Economic Directorate of the National Science

3 Foundation.

4 (B) A representative of the Office of Science, and

5 Technology Policy.

6 (C) The Secretary of Defense, or a designee of the

7 Secretary.

8 (D) The Secretary of State, or a designee of the

9 Secretary.

10 (E) The Attorney General, or a designee of the

11 Attorney General.

12 (F) The Secretary of Energy, or a designee of the

13 Secretary.

14 (G) The Secretary of Homeland Security, or a

15 designee of the Secretary.

16 (H) The Director of Central Intelligence, or a

17 designee of the Director.

18 (I) The Director of the Federal Bureau of Inves19 tigation, or a designee of the Director.

20 (J) The National Counterintelligence Executive,

21 or a designee of the National Counterintelligence Ex22 ecutive.

23 (K) Any other official assigned to the advisory

24 group by the President for purposes of this section.
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1 (3) The members of the advisory group under subpara2 graphs (A) and (B) of paragraph (2) shall jointly head the

3 advisory group.

4 (4) The advisory group shall provide the Foundation

5 and the Office such information, advice, and assistance

6 with respect to the workshops sponsored under subsection

7 (a) as the advisory group considers appropriate.

8 (5) The advisory group shall not be treated as an advi9 sory committee for purposes of the Federal Advisory Com10 mittee Act (5 U.S.C. App.).

11 (e) REPORT.—Not later than March 1, 2004, the Na12 tional Science Foundation and the Office of Science and

13 Technology Policy shall jointly submit Congress a report

14 on the results of activities of the workshops sponsored under

15 subsection (a), including the findings and recommendations

16 of the Foundation and the Office as a result of such activi17 ties.

18 (f) FUNDING.—(1) Of the amount authorized to be ap19 propriated for the Intelligence Community Management Ac20 count by section 104(a), $500,000 shall be available to the

21 National Science Foundation and the Office of Science and

22 Technology Policy to carry out this section.

23 (2) The amount authorized to be appropriated by

24 paragraph (1) shall remain available until expended.
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1 SEC. 356. TECHNICAL AMENDMENTS.

2 (a) NATIONAL SECURITY ACT OF 1947.—Subsection

3 (c)(1) of section 112 of the National Security Act of 1947,

4 as redesignated by section 339(b) of this Act, is further

5 amended by striking ‘‘section 103(c)(6)’’ and inserting ‘‘sec6 tion 103(c)(7)’’.

7 (b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—

8 (1) Section 5(a)(1) of the Central Intelligence Agency Act

9 of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking

10 ‘‘(c)(6)’’ each place it appears and inserting ‘‘(c)(7)’’.

11 (2) Section 6 of that Act (50 U.S.C. 403g) is amended

12 by striking ‘‘section 103(c)(6) of the National Security Act

13 of 1947 (50 U.S.C. 403–3(c)(6))’’ and inserting ‘‘section

14 103(c)(7) of the National Security Act of 1947 (50 U.S.C.

15 403–3(c)(7))’’.

16 (2) Section 15 of that Act (50 U.S.C. 403o) is

17 amended—

18 (A) in subsection (a)(1), by striking ‘‘special po19 licemen of the General Services Administration per20 form under the first section of the Act entitled ‘An Act

21 to authorize the Federal Works Administrator or offi22 cials of the Federal Works Agency duly authorized by

23 him to appoint special policeman for duty upon Fed24 eral property under the jurisdiction of the Federal

25 Works Agency, and for other purposes’ (40 U.S.C.

26 318),’’ and inserting ‘‘officers and agents of the De-
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1 partment of Homeland Security, as provided in sec2 tion 1315(b)(2) of title 40, United States Code,’’; and

3 (B) in subsection (b), by striking ‘‘the fourth sec4 tion of the Act referred to in subsection (a) of this sec5 tion (40 U.S.C. 318c)’’ and inserting ‘‘section

6 1315(c)(2) of title 40, United States Code’’.

7 (c) NATIONAL SECURITY AGENCY ACT OF 1959.—Sec8 tion 11 of the National Security Agency Act of 1959 (50

9 U.S.C. 402 note) is amended—

10 (1) in subsection (a)(1), by striking ‘‘special po11 licemen of the General Services Administration per12 form under the first section of the Act entitled ‘An Act

13 to authorize the Federal Works Administrator or offi14 cials of the Federal Works Agency duly authorized by

15 him to appoint special policeman for duty upon Fed16 eral property under the jurisdiction of the Federal

17 Works Agency, and for other purposes’ (40 U.S.C.

18 318)’’ and inserting ‘‘officers and agents of the De19 partment of Homeland Security, as provided in sec20 tion 1315(b)(2) of title 40, United States Code,’’; and

21 (2) in subsection (b), by striking ‘‘the fourth sec22 tion of the Act referred to in subsection (a) (40 U.S.C.

23 318c)’’ and inserting ‘‘section 1315(c)(2) of title 40,

24 United States Code’’.
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1 (d) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

2 YEAR 2003.—Section 343 of the Intelligence Authorization

3 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

4 2399; 50 U.S.C. 404n–2) is amended—

5 (1) in subsection (c), by striking ‘‘section

6 103(c)(6) of the National Security Act of 1947 (50

7 U.S.C. 403–3(c)(6))’’ and inserting ‘‘section 103(c)(7)

8 of the National Security Act of 1947 (50 U.S.C. 403–

9 3(c)(7))’’; and

10 (2) in subsection (e)(2), by striking ‘‘section

11 103(c)(6)’’ and inserting ‘‘section 103(c)(7)’’.

12 (e) PUBLIC LAW 107–173.—Section 201(c)(3)(F) of the

13 Enhanced Border Security and Visa Entry Reform Act of

14 2002 (Public Law 107–173; 116 Stat. 548; 8 U.S.C.

15 1721(c)(3)(F)) is amended by striking ‘‘section 103(c)(6) of

16 the National Security Act of 1947 (50 U.S.C. 403–3(c)(6))’’

17 and inserting ‘‘section 103(c)(7) of the National Security

18 Act of 1947 (50 U.S.C. 403–3(c)(7))’’.

19 SEC. 357. TREATMENT OF CLASSIFIED INFORMATION IN

20 MONEY LAUNDERING CASES.

21 Section 5318A of title 31, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(f) CLASSIFIED INFORMATION.—In any judicial re24 view of a finding of the existence of a primary money laun25 dering concern, or of the requirement for 1 or more special
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1 measures with respect to a primary money laundering con2 cern, made under this section, if the designation or imposi3 tion, or both, were based on classified information (as de4 fined in section 1(a) of the Classified Information Proce5 dures Act (18 U.S.C. App.), such information may be sub6 mitted by the Secretary to the reviewing court ex parte and

7 in camera. This subsection does not confer or imply any

8 right to judicial review of any finding made or required

9 under this section.’’.

10 TITLE IV—CENTRAL

11 INTELLIGENCE AGENCY

12 SEC. 401. AMENDMENT TO CERTAIN CENTRAL INTEL13 LIGENCE AGENCY ACT OF 1949 NOTIFICATION

14 REQUIREMENTS.

15 Section 4(b)(5) of the Central Intelligence Agency Act

16 of 1949 (50 U.S.C. 403e(b)(5)) is amended inserting ‘‘,

17 other than regulations under paragraph (1),’’ after ‘‘Regu18 lations’’.

19 SEC. 402. PROTECTION OF CERTAIN CENTRAL INTEL20 LIGENCE AGENCY PERSONNEL FROM TORT

21 LIABILITY.

22 Section 15 of the Central Intelligence Agency Act of

23 1949 (50 U.S.C. 403o) is amended by adding at the end

24 the following new subsection:
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1 ‘‘(d)(1) Notwithstanding any other provision of law,

2 any Agency personnel designated by the Director under sub3 section (a), or designated by the Director under section

4 5(a)(4) to carry firearms for the protection of current or

5 former Agency personnel and their immediate families, de6 fectors and their immediate families, and other persons in

7 the United States under Agency auspices, shall be consid8 ered for purposes of chapter 171 of title 28, United States

9 Code, or any other provision of law relating to tort liability,

10 to be acting within the scope of their office or employment

11 when such Agency personnel take reasonable action, which

12 may include the use of force, to—

13 ‘‘(A) protect an individual in the presence of

14 such Agency personnel from a crime of violence;

15 ‘‘(B) provide immediate assistance to an indi16 vidual who has suffered or who is threatened with

17 bodily harm; or

18 ‘‘(C) prevent the escape of any individual whom

19 such Agency personnel reasonably believe to have com20 mitted a crime of violence in the presence of such

21 Agency personnel.

22 ‘‘(2) Paragraph (1) shall not affect the authorities of

23 the Attorney General under section 2679(d)(1) of title 28,

24 United States Code.
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1 ‘‘(3) In this subsection, the term ‘crime of violence’ has

2 the meaning given that term in section 16 of title 18,

3 United States Code.’’.

4 SEC. 403. REPEAL OF OBSOLETE LIMITATION ON USE OF

5 FUNDS IN CENTRAL SERVICES WORKING CAP6 ITAL FUND.

7 Section 21(f)(2) of the Central Intelligence Agency Act

8 of 1949 (50 U.S.C. 403u(f)(2)) is amended—

9 (1) in subparagraph (A), by striking ‘‘(A) Sub10 ject to subparagraph (B), the Director’’ and inserting

11 ‘‘The Director’’; and

12 (2) by striking subparagraph (B).

13 SEC. 404. TECHNICAL AMENDMENT TO FEDERAL INFORMA14 TION SECURITY MANAGEMENT ACT OF 2002.

15 Section 3535(b)(1) of title 44, United States Code, as

16 added by section 1001(b)(1) of the Homeland Security Act

17 of 2002 (Public Law 107–296), and section 3545(b)(1) of

18 title 44, United States Code, as added by section 301(b)(1)

19 of the E–Government Act of 2002 (Public Law 107–347),

20 are each amended by inserting ‘‘or any other law’’ after

21 ‘‘1978’’.
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1 SEC. 405. CONTRIBUTION BY CENTRAL INTELLIGENCE

2 AGENCY EMPLOYEES OF CERTAIN BONUS PAY

3 TO THRIFT SAVINGS PLAN ACCOUNTS.

4 (a) CSRS PARTICIPANTS.—Section 8351(d) of title 5,

5 United States Code, is amended—

6 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

7 (2) by adding at the end the following new para8 graph:

9 ‘‘(2)(A) An employee of the Central Intelligence Agency

10 making contributions to the Thrift Savings Fund out of

11 basic pay may also contribute (by direct transfer to the

12 Fund) any part of bonus pay received by the employee as

13 part of the pilot project required by section 402(b) of the

14 Intelligence Authorization Act for Fiscal Year 2003 (Public

15 Law 107–306; 116 Stat. 2403; 50 U.S.C. 403–4 note).

16 ‘‘(B) Contributions under this paragraph are subject

17 to section 8432(d) of this title.’’.

18 (b) FERS PARTICIPANTS.—Section 8432 of title 5,

19 United States Code, is amended by adding at the end the

20 following new subsection:

21 ‘‘(k)(1) An employee of the Central Intelligence Agency

22 making contributions to the Thrift Savings Fund out of

23 basic pay may also contribute (by direct transfer to the

24 Fund) any part of bonus pay received by the employee as

25 part of the pilot project required by section 402(b) of the
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1 Intelligence Authorization Act for Fiscal Year 2003 (Public

2 Law 107–306; 116 Stat. 2403; 50 U.S.C. 403–4 note).

3 ‘‘(2) Contributions under this subsection are subject to

4 subsection (d).

5 ‘‘(3) For purposes of subsection (c), basic pay of an

6 employee of the Central Intelligence Agency shall include

7 bonus pay received by the employee as part of the pilot

8 project referred to in paragraph (1).’’.

9 TITLE V—DEPARTMENT OF DE10 FENSE INTELLIGENCE MAT11 TERS

12 SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NA13 TIONAL SECURITY AGENCY.

14 (a) CONSOLIDATION OF CURRENT PROVISIONS ON

15 PROTECTION OF OPERATIONAL FILES.—The National Se16 curity Act of 1947 (50 U.S.C. 401 et seq.) is amended by

17 transferring sections 105C and 105D to the end of title VII

18 and redesignating such sections, as so transferred, as sec19 tions 703 and 704, respectively.

20 (b) PROTECTION OF OPERATIONAL FILES OF NSA.—

21 Title VII of such Act, as amended by subsection (a), is fur22 ther amended by adding at the end the following new sec23 tion:

24 ‘‘OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY

25 ‘‘SEC. 705. (a) EXEMPTION OF CERTAIN OPERATIONAL

26 FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO-
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1 SURE.—(1) Operational files of the National Security Agen2 cy (hereafter in this section referred to as ‘NSA’) may be

3 exempted by the Director of NSA, in coordination with the

4 Director of Central Intelligence, from the provisions of sec5 tion 552 of title 5, United States Code, which require publi6 cation, disclosure, search, or review in connection therewith.

7 ‘‘(2)(A) In this section, the term ‘operational files’

8 means—

9 ‘‘(i) files of the Signals Intelligence Directorate,

10 and its successor organizations, which document the

11 means by which foreign intelligence or counterintel12 ligence is collected through technical systems; and

13 ‘‘(ii) files of the Research Associate Directorate,

14 and its successor organizations, which document the

15 means by which foreign intelligence or counterintel16 ligence is collected through scientific and technical

17 systems.

18 ‘‘(B) Files which are the sole repository of dissemi19 nated intelligence, and files that have been accessioned into

20 NSA Archives, or its successor organizations, are not oper21 ational files.

22 ‘‘(3) Notwithstanding paragraph (1), exempted oper23 ational files shall continue to be subject to search and review

24 for information concerning—
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1 ‘‘(A) United States citizens or aliens lawfully

2 admitted for permanent residence who have requested

3 information on themselves pursuant to the provisions

4 of section 552 or 552a of title 5, United States Code;

5 ‘‘(B) any special activity the existence of which

6 is not exempt from disclosure under the provisions of

7 section 552 of title 5, United States Code; or

8 ‘‘(C) the specific subject matter of an investiga9 tion by any of the following for any impropriety, or

10 violation of law, Executive order, or Presidential di11 rective, in the conduct of an intelligence activity:

12 ‘‘(i) The Committee on Armed Services and

13 the Permanent Select Committee on Intelligence

14 of the House of Representatives.

15 ‘‘(ii) The Committee on Armed Services and

16 the Select Committee on Intelligence of the Sen17 ate.

18 ‘‘(iii) The Intelligence Oversight Board.

19 ‘‘(iv) The Department of Justice.

20 ‘‘(v) The Office of General Counsel of NSA.

21 ‘‘(vi) The Office of the Inspector General of

22 the Department of Defense.

23 ‘‘(vii) The Office of the Director of NSA.

24 ‘‘(4)(A) Files that are not exempted under paragraph

25 (1) which contain information derived or disseminated
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1 from exempted operational files shall be subject to search

2 and review.

3 ‘‘(B) The inclusion of information from exempted oper4 ational files in files that are not exempted under paragraph

5 (1) shall not affect the exemption under paragraph (1) of

6 the originating operational files from search, review, publi7 cation, or disclosure.

8 ‘‘(C) The declassification of some of the information

9 contained in exempted operational files shall not affect the

10 status of the operational file as being exempt from search,

11 review, publication, or disclosure.

12 ‘‘(D) Records from exempted operational files which

13 have been disseminated to and referenced in files that are

14 not exempted under paragraph (1), and which have been

15 returned to exempted operational files for sole retention

16 shall be subject to search and review.

17 ‘‘(5) The provisions of paragraph (1) may not be su18 perseded except by a provision of law which is enacted after

19 the date of the enactment of the Intelligence Authorization

20 Act for Fiscal Year 2004, and which specifically cites and

21 repeals or modifies such provisions.

22 ‘‘(6)(A) Except as provided in subparagraph (B),

23 whenever any person who has requested agency records

24 under section 552 of title 5, United States Code, alleges that

25 NSA has withheld records improperly because of failure to
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1 comply with any provision of this section, judicial review

2 shall be available under the terms set forth in section

3 552(a)(4)(B) of title 5, United States Code.

4 ‘‘(B) Judicial review shall not be available in the man5 ner provided for under subparagraph (A) as follows:

6 ‘‘(i) In any case in which information specifi7 cally authorized under criteria established by an Ex8 ecutive order to be kept secret in the interests of na9 tional defense or foreign relations is filed with, or

10 produced for, the court by NSA, such information

11 shall be examined ex parte, in camera by the court.

12 ‘‘(ii) The court shall determine, to the fullest ex13 tent practicable, the issues of fact based on sworn

14 written submissions of the parties.

15 ‘‘(iii) When a complainant alleges that requested

16 records are improperly withheld because of improper

17 placement solely in exempted operational files, the

18 complainant shall support such allegation with a

19 sworn written submission based upon personal knowl20 edge or otherwise admissible evidence.

21 ‘‘(iv)(I) When a complainant alleges that re22 quested records were improperly withheld because of

23 improper exemption of operational files, NSA shall

24 meet its burden under section 552(a)(4)(B) of title 5,

25 United States Code, by demonstrating to the court by
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1 sworn written submission that exempted operational

2 files likely to contain responsible records currently

3 perform the functions set forth in paragraph (2).

4 ‘‘(II) The court may not order NSA to review the

5 content of any exempted operational file or files in

6 order to make the demonstration required under sub7 clause (I), unless the complainant disputes NSA’s

8 showing with a sworn written submission based on

9 personal knowledge or otherwise admissible evidence.

10 ‘‘(v) In proceedings under clauses (iii) and (iv),

11 the parties may not obtain discovery pursuant to

12 rules 26 through 36 of the Federal Rules of Civil Pro13 cedure, except that requests for admissions may be

14 made pursuant to rules 26 and 36.

15 ‘‘(vi) If the court finds under this paragraph

16 that NSA has improperly withheld requested records

17 because of failure to comply with any provision of

18 this subsection, the court shall order NSA to search

19 and review the appropriate exempted operational file

20 or files for the requested records and make such

21 records, or portions thereof, available in accordance

22 with the provisions of section 552 of title 5, United

23 States Code, and such order shall be the exclusive

24 remedy for failure to comply with this subsection.
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1 ‘‘(vii) If at any time following the filing of a

2 complaint pursuant to this paragraph NSA agrees to

3 search the appropriate exempted operational file or

4 files for the requested records, the court shall dismiss

5 the claim based upon such complaint.

6 ‘‘(viii) Any information filed with, or produced

7 for the court pursuant to clauses (i) and (iv) shall be

8 coordinated with the Director of Central Intelligence

9 before submission to the court.

10 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER11 ATIONAL FILES.—(1) Not less than once every 10 years, the

12 Director of the National Security Agency and the Director

13 of Central Intelligence shall review the exemptions in force

14 under subsection (a)(1) to determine whether such exemp15 tions may be removed from a category of exempted files or

16 any portion thereof. The Director of Central Intelligence

17 must approve any determination to remove such exemp18 tions.

19 ‘‘(2) The review required by paragraph (1) shall in20 clude consideration of the historical value or other public

21 interest in the subject matter of a particular category of

22 files or portions thereof and the potential for declassifying

23 a significant part of the information contained therein.

24 ‘‘(3) A complainant that alleges that NSA has improp25 erly withheld records because of failure to comply with this
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1 subsection may seek judicial review in the district court of

2 the United States of the district in which any of the parties

3 reside, or in the District of Columbia. In such a proceeding,

4 the court’s review shall be limited to determining the fol5 lowing:

6 ‘‘(A) Whether NSA has conducted the review re7 quired by paragraph (1) before the expiration of the

8 10-year period beginning on the date of the enactment

9 of the Intelligence Authorization Act for Fiscal Year

10 2004 or before the expiration of the 10-year period be11 ginning on the date of the most recent review.

12 ‘‘(B) Whether NSA, in fact, considered the cri13 teria set forth in paragraph (2) in conducting the re14 quired review.’’.

15 (c) CONFORMING AMENDMENTS.—(1) Section 701(b) of

16 the National Security Act of 1947 (50 U.S.C. 431(b)) is

17 amended by striking ‘‘For purposes of this title’’ and insert18 ing ‘‘In this section and section 702,’’.

19 (2) Section 702(c) of such Act (50 U.S.C. 432(c)) is

20 amended by striking ‘‘enactment of this title’’ and inserting

21 ‘‘October 15, 1984,’’.

22 (3)(A) The title heading for title VII of such Act is

23 amended to read as follows:
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1 ‘‘TITLE VII—PROTECTION OF OPERATIONAL

2 FILES’’.

3 (B) The section heading for section 701 of such Act

4 is amended to read as follows:

5 ‘‘PROTECTION OF OPERATIONAL FILES OF THE CENTRAL

6 INTELLIGENCE AGENCY’’.

7 (C) The section heading for section 702 of such Act

8 is amended to read as follows:

9 ‘‘DECENNIAL REVIEW OF EXEMPTED CENTRAL

10 INTELLIGENCE AGENCY OPERATIONAL FILES’’.

11 (d) CLERICAL AMENDMENTS.—The table of contents

12 for the National Security Act of 1947 is amended—

13 (1) by striking the items relating to sections

14 105C and 105D; and

15 (2) by striking the items relating to title VII and

16 inserting the following new items:

‘‘TITLE VII—PROTECTION OF OPERATIONAL FILES

‘‘Sec. 701. Protection of operational files of the Central Intelligence Agency.

‘‘Sec. 702. Decennial review of exempted Central Intelligence Agency operational

files.

‘‘Sec. 703. Protection of operational files of the National Imagery and Mapping

Agency.

‘‘Sec. 704. Protection of operational files of the National Reconnaissance Office.

‘‘Sec. 705. Protection of operational files of the National Security Agency.’’.

17 SEC. 502. PROTECTION OF CERTAIN NATIONAL SECURITY

18 AGENCY PERSONNEL FROM TORT LIABILITY.

19 Section 11 of the National Security Agency Act of 1959

20 (50 U.S.C. 402 note) is amended by adding at the end the

21 following new subsection:
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1 ‘‘(d)(1) Notwithstanding any other provision of law,

2 agency personnel designated by the Director of the National

3 Security Agency under subsection (a) shall be considered

4 for purposes of chapter 171 of title 28, United States Code,

5 or any other provision of law relating to tort liability, to

6 be acting within the scope of their office or employment

7 when such agency personnel take reasonable action, which

8 may include the use of force, to—

9 ‘‘(A) protect an individual in the presence of

10 such agency personnel from a crime of violence;

11 ‘‘(B) provide immediate assistance to an indi12 vidual who has suffered or who is threatened with

13 bodily harm; or

14 ‘‘(C) prevent the escape of any individual whom

15 such agency personnel reasonably believe to have com16 mitted a crime of violence in the presence of such

17 agency personnel.

18 ‘‘(2) Paragraph (1) shall not affect the authorities of

19 the Attorney General under section 2679(d)(1) of title 28,

20 United States Code.

21 ‘‘(3) In this subsection, the term ‘crime of violence’ has

22 the meaning given that term in section 16 of title 18,

23 United States Code.’’.
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1 SEC. 503. USE OF FUNDS FOR COUNTERDRUG AND

2 COUNTERTERRORISM ACTIVITIES FOR CO3 LOMBIA.

4 (a) AUTHORITY.—Funds designated for intelligence or

5 intelligence-related purposes for assistance to the Govern6 ment of Colombia for counterdrug activities for fiscal year

7 2004 or 2005, and any unobligated funds available to any

8 element of the intelligence community for such activities for

9 a prior fiscal year, shall be available—

10 (1) to support a unified campaign against nar11 cotics trafficking and against activities by organiza12 tions designated as terrorist organizations (such as

13 the Revolutionary Armed Forces of Colombia (FARC),

14 the National Liberation Army (ELN), and the United

15 Self-Defense Forces of Colombia (AUC)); and

16 (2) to take actions to protect human health and

17 welfare in emergency circumstances, including under18 taking rescue operations.

19 (b) TERMINATION OF AUTHORITY.—The authority pro20 vided in subsection (a) shall cease to be effective if the Sec21 retary of Defense has credible evidence that the Colombian

22 Armed Forces are not conducting vigorous operations to re23 store government authority and respect for human rights

24 in areas under the effective control of paramilitary and

25 guerrilla organizations.
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1 (c) APPLICATION OF CERTAIN PROVISIONS OF LAW.—

2 Sections 556, 567, and 568 of Public Law 107–115, section

3 8093 of the Department of Defense Appropriations Act,

4 2002, and the numerical limitations on the number of

5 United States military personnel and United States indi6 vidual civilian contractors in section 3204(b)(1) of Public

7 Law 106–246 shall be applicable to funds made available

8 pursuant to the authority contained in subsection (a).

9 (d) LIMITATION ON PARTICIPATION OF UNITED

10 STATES PERSONNEL.—No United States Armed Forces per11 sonnel or United States civilian contractor employed by the

12 United States will participate in any combat operation in

13 connection with assistance made available under this sec14 tion, except for the purpose of acting in self defense or res15 cuing any United States citizen to include United States

16 Armed Forces personnel, United States civilian employees,

17 and civilian contractors employed by the United States.

18 SEC. 504. SCENE VISUALIZATION TECHNOLOGIES.

19 Of the amount authorized to be appropriated by this

20 Act, $2,500,000 shall be available for the National Imagery
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1 and Mapping Agency (NIMA) for scene visualization tech2 nologies.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2417

AMENDMENT