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SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL.—Each requirement to submit a re-
port to the congressional intelligence committees that is in-
cluded in the joint explanatory statement to accompany the
conference report on the bill ll of the One Hundred
Eighth Congress, or in the classified annex to this Act, is
hereby incorporated into this Act, and is hereby made a
requirement in law.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘‘congressional intelligence
committees’’ means—
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives.
SEC. 106. PREPARATION AND SUBMITTAL OF REPORTS, RE-
VIEWS, STUDIES, AND PLANS RELATING TO
INTELLIGENCE ACTIVITIES OF DEPARTMENT
OF DEFENSE OR DEPARTMENT OF ENERGY.
(a) CONSULTATION IN PREPARATION.—(1) The Direc-
tor of Central Intelligence shall ensure that any report, re-
view, study, or plan required to be prepared or conducted
by a provision of this Act, including a provision of the clas-
sified Schedule of Authorizations referred to in section
102(a) or the classified annex to this Act, that involves the
intelligence or intelligence-related activities of the Depart-
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ment of Defense or the Department of Energy is prepared
or conducted in consultation with the Secretary of Defense
or the Secretary of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of En-
ergy may carry out any consultation required by this sub-
section through an official of the Department of Defense or
the Department of Energy, as the case may be, designated
by such Secretary for that purpose.
(b) SUBMITTAL.—Any report, review, study, or plan
referred to in subsection (a) shall be submitted, in addition
to any other committee of Congress specified for submittal
in the provision concerned, to the following committees of
Congress:
(1) The Committees on Armed Services and Ap-
propriations and the Select Committee on Intelligence
of the Senate.
(2) The Committees on Armed Services and Ap-
propriations and the Permanent Select Committee on
Intelligence of the House of Representatives.
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TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal year 2004 the sum of $226,400,000.
TITLE III—GENERAL
PROVISIONS
Subtitle A—Recurring General
Provisions
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts
as may be necessary for increases in such compensation or
benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE
ACTIVITIES.
The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
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Subtitle B—Intelligence
SEC. 311. MODIFICATION OF AUTHORITY TO OBLIGATE AND
EXPEND CERTAIN FUNDS FOR INTELLIGENCE
ACTIVITIES.
Section 504(a)(3) of the National Security Act of 1947
(50 U.S.C. 414(a)(3)) is amended—
(1) by inserting ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as sub-
paragraph (B).
SEC. 312. MODIFICATION OF NOTICE AND WAIT REQUIRE-
MENTS ON PROJECTS TO CONSTRUCT OR IM-
PROVE INTELLIGENCE COMMUNITY FACILI-
TIES.
(a) INCREASE OF THRESHOLDS FOR NOTICE.—Sub-
section (a) of section 602 of the Intelligence Authorization
Act for Fiscal Year 1995 (Public Law 103–359; 108 Stat.
3432; 50 U.S.C. 403–2b(a)) is amended—
(1) by striking ‘‘$750,000’’ each place it appears
and inserting ‘‘$5,000,000’’; and
(2) by striking ‘‘$500,000’’ each place it appears
and inserting ‘‘$1,000,000’’.
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(b) NOTICE AND WAIT REQUIREMENTS FOR EMER-
GENCY PROJECTS.—Subsection (b)(2) of that section is
amended—
(1) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(2) REPORT.—’’;
(3) by striking ‘‘21-day period’’ and inserting
‘‘7-day period’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(B) Notwithstanding subparagraph (A), a
project referred to in paragraph (1) may begin on the
date the notification is received by the appropriate
committees of Congress under that paragraph if the
Director of Central Intelligence and the Secretary of
Defense jointly determine that—
‘‘(i) an emergency exists with respect to the
national security or the protection of health,
safety, or environmental quality; and
‘‘(ii) any delay in the commencement of the
project would harm any or all of those inter-
ests.’’.
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SEC. 313. PILOT PROGRAM ON ANALYSIS OF SIGNALS AND
OTHER INTELLIGENCE BY INTELLIGENCE AN-
ALYSTS OF VARIOUS ELEMENTS OF THE IN-
TELLIGENCE COMMUNITY.
(a) IN GENERAL.—The Director of Central Intelligence
shall, in coordination with the Secretary of Defense, carry
out a pilot program to assess the feasibility and advis-
ability of permitting intelligence analysts of various ele-
ments of the intelligence community to access and analyze
intelligence from the databases of other elements of the intel-
ligence community in order to achieve the objectives set
forth in subsection (c).
(b) COVERED INTELLIGENCE.—The intelligence to be
analyzed under the pilot program under subsection (a) shall
include the following:
(1) Signals intelligence of the National Security
Agency.
(2) Such intelligence of other elements of the in-
telligence community as the Director shall select for
purposes of the pilot program.
(c) OBJECTIVES.—The objectives set forth in this sub-
section are as follows:
(1) To enhance the capacity of the intelligence
community to undertake so-called ‘‘all source fusion’’
analysis in support of the intelligence and intel-
ligence-related missions of the intelligence community.
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(2) To reduce, to the extent practicable, the
amount of intelligence collected by the intelligence
community that is not assessed, or reviewed, by intel-
ligence analysts.
(3) To reduce the burdens imposed on analytical
personnel of the elements of the intelligence commu-
nity by current practices regarding the sharing of in-
telligence among elements of the intelligence commu-
nity.
(d) COMMENCEMENT.—The Director shall commence
the pilot program under subsection (a) not later than De-
cember 31, 2003.
(e) VARIOUS MECHANISMS REQUIRED.—In carrying
out the pilot program under subsection (a), the Director
shall develop and utilize various mechanisms to facilitate
the access to, and the analysis of, intelligence in the data-
bases of the intelligence community by intelligence analysts
of other elements of the intelligence community, including
the use of so-called ‘‘detailees in place’’.
(f) SECURITY.—(1) In carrying out the pilot program
under subsection (a), the Director shall take appropriate
actions to protect against the disclosure and unauthorized
use of intelligence in the databases of the elements of the
intelligence community which may endanger sources and
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methods which (as determined by the Director) warrant
protection.
(2) The actions taken under paragraph (1) shall in-
clude the provision of training on the accessing and han-
dling of information in the databases of various elements
of the intelligence community and the establishment of limi-
tations on access to information in such databases to United
States persons.
(g) ASSESSMENT.—Not later than February 1, 2004,
after the commencement under subsection (d) of the pilot
program under subsection (a), the Under Secretary of De-
fense for Intelligence and the Assistant Director of Central
Intelligence for Analysis and Production shall jointly carry
out an assessment of the progress of the pilot program in
meeting the objectives set forth in subsection (c).
(h) REPORT.—(1) The Director of Central Intelligence
shall, in coordination with the Secretary of Defense, submit
to the appropriate committees of Congress a report on the
assessment carried out under subsection (g).
(2) The report shall include—
(A) a description of the pilot program under
subsection (a);
(B) the findings of the Under Secretary and As-
sistant Director as a result of the assessment;
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(C) any recommendations regarding the pilot
program that the Under Secretary and the Assistant
Director jointly consider appropriate in light of the
assessment; and
(D) any recommendations that the Director and
Secretary consider appropriate for purposes of the re-
port.
(i) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(2) the Permanent Select Committee on Intel-
ligence, the Committee on Armed Services, and the
Committee on Appropriations of the House of Rep-
resentatives.
SEC. 314. PILOT PROGRAM ON TRAINING FOR INTEL-
LIGENCE ANALYSTS.
(a) PILOT PROGRAM REQUIRED.—(1) The Director of
Central Intelligence shall carry out a pilot program to as-
sess the feasibility and advisability of providing for the
preparation of selected students for availability for employ-
ment as intelligence analysts for the intelligence and intel-
ligence-related activities of the United States through a
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training program similar to the Reserve Officers’ Training
Corps programs of the Department of Defense.
(2) The pilot program shall be known as the Intel-
ligence Community Analyst Training Program.
(b) ELEMENTS.—In carrying out the pilot program
under subsection (a), the Director shall establish and main-
tain one or more cadres of students who—
(1) participate in such training as intelligence
analysts as the Director considers appropriate; and
(2) upon completion of such training, are avail-
able for employment as intelligence analysts under
such terms and conditions as the Director considers
appropriate.
(c) DURATION.—The Director shall carry out the pilot
program under subsection (a) during fiscal years 2004
through 2006.
(d) LIMITATION ON NUMBER OF MEMBERS DURING
FISCAL YEAR 2004.—The total number of individuals par-
ticipating in the pilot program under subsection (a) during
fiscal year 2004 may not exceed 150 students.
(e) RESPONSIBILITY.—The Director shall carry out the
pilot program under subsection (a) through the Assistant
Director of Central Intelligence for Analysis and Produc-
tion.
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(f) REPORTS.—(1) Not later than 120 days after the
date of the enactment of this Act, the Director shall submit
to Congress a preliminary report on the pilot program
under subsection (a), including a description of the pilot
program and the authorities to be utilized in carrying out
the pilot program.
(2) Not later than one year after the commencement
of the pilot program, the Director shall submit to Congress
a report on the pilot program. The report shall include—
(A) a description of the activities under the pilot
program, including the number of individuals who
participated in the pilot program and the training
provided such individuals under the pilot program;
(B) an assessment of the effectiveness of the pilot
program in meeting the purpose of the pilot program;
and
(C) any recommendations for additional legisla-
tive or administrative action that the Director con-
siders appropriate in light of the pilot program.
(g) FUNDING.—Of the amounts authorized to be appro-
priated by this Act, $8,000,000 shall be available in fiscal
year 2004 to carry out this section.
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SEC. 315. EXTENSION OF NATIONAL COMMISSION FOR THE
REVIEW OF THE RESEARCH AND DEVELOP-
MENT PROGRAMS OF THE UNITED STATES IN-
TELLIGENCE COMMUNITY.
Section 1007(a) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107–306; 116 Stat. 2442;
50 U.S.C. 401 note) is amended by striking ‘‘September 1,
2003,’’ and inserting ‘‘September 1, 2004,’’.
SEC. 316. BUDGET TREATMENT OF COSTS OF ACQUISITION
OF MAJOR SYSTEMS BY THE INTELLIGENCE
COMMUNITY.
(a) FINDINGS.—Congress makes the following findings:
(1) Funds within the National Foreign Intel-
ligence Program often must be shifted from program
to program and from fiscal year to fiscal year to ad-
dress funding shortfalls caused by significant in-
creases in the costs of acquisition of major systems by
the intelligence community.
(2) While some increases in the costs of acquisi-
tion of major systems by the intelligence community
are unavoidable, the magnitude of growth in the costs
of acquisition of many major systems indicates a sys-
temic bias within the intelligence community to un-
derestimate the costs of such acquisition, particularly
in the preliminary stages of development and produc-
tion.
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(3) Decisions by Congress to fund the acquisition
of major systems by the intelligence community rely
significantly upon initial estimates of the afford-
ability of acquiring such major systems and occur
within a context in which funds can be allocated for
a variety of alternative programs. Thus, substantial
increases in costs of acquisition of major systems
place significant burdens on the availability of funds
for other programs and new proposals within the Na-
tional Foreign Intelligence Program.
(4) Independent cost estimates, prepared by
independent offices, have historically represented a
more accurate projection of the costs of acquisition of
major systems.
(5) Recognizing the benefits associated with inde-
pendent cost estimates for the acquisition of major
systems, the Secretary of Defense has built upon the
statutory requirement in section 2434 of title 10,
United States Code, to develop and consider inde-
pendent cost estimates for the acquisition of such sys-
tems by mandating the use of such estimates in budg-
et requests of the Department of Defense.
(6) The mandatory use throughout the intel-
ligence community of independent cost estimates for
the acquisition of major systems will assist the Presi-
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dent and Congress in the development and funding of
budgets which more accurately reflect the require-
ments and priorities of the United States Government
for intelligence and intelligence-related activities.
(b) BUDGET TREATMENT OF COSTS OF ACQUISITION
OF MAJOR SYSTEMS.—Title V of the National Security Act
of 1947 (50 U.S.C. 413 et seq.) is amended by inserting
after section 506 the following new section:
‘‘BUDGET TREATMENT OF COSTS OF ACQUISITION OF
MAJOR SYSTEMS BY THE INTELLIGENCE COMMUNITY
‘‘SEC. 506A. (a) INDEPENDENT COST ESTIMATES.—
(1) The Director of Central Intelligence shall, in consulta-
tion with the head of each element of the intelligence com-
munity concerned, prepare an independent cost estimate of
the full life-cycle cost of development, procurement, and op-
eration of each major system to be acquired by the intel-
ligence community.
‘‘(2) Each independent cost estimate for a major sys-
tem shall, to the maximum extent practicable, specify the
amount required to be appropriated and obligated to de-
velop, procure, and operate the major system in each fiscal
year of the proposed period of development, procurement,
and operation of the major system.
‘‘(3)(A) In the case of a program of the intelligence
community that qualifies as a major system, an inde-
pendent cost estimate shall be prepared before the submis-
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sion to Congress of the budget of the President for the first
fiscal year in which appropriated funds are anticipated to
be obligated for the development or procurement of such
major system.
‘‘(B) In the case of a program of the intelligence com-
munity for which an independent cost estimate was not pre-
viously required to be prepared under this section, includ-
ing a program for which development or procurement com-
menced before the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2004, if the aggregate fu-
ture costs of development or procurement (or any combina-
tion of such activities) of the program will exceed
$500,000,000 (in current fiscal year dollars), the program
shall qualify as a major system for purposes of this section,
and an independent cost estimate for such major system
shall be prepared before the submission to Congress of the
budget of the President for the first fiscal year thereafter
in which appropriated funds are anticipated to be obligated
for such major system.
‘‘(4) The independent cost estimate for a major system
shall be updated upon—
‘‘(A) the completion of any preliminary design
review associated with the major system;
‘‘(B) any significant modification to the antici-
pated design of the major system; or
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‘‘(C) any change in circumstances that renders
the current independent cost estimate for the major
system inaccurate.
‘‘(5) Any update of an independent cost estimate for
a major system under paragraph (4) shall meet all require-
ments for independent cost estimates under this section, and
shall be treated as the most current independent cost esti-
mate for the major system until further updated under that
paragraph.
‘‘(b) PREPARATION
OF INDEPENDENT COST ESTI-
MATES.—(1) The Director shall establish within the Office
of the Deputy Director of Central Intelligence for Commu-
nity Management an office which shall be responsible for
preparing independent cost estimates, and any updates
thereof, under subsection (a), unless a designation is made
under paragraph (2).
‘‘(2) In the case of the acquisition of a major system
for an element of the intelligence community within the De-
partment of Defense, the Director and the Secretary of De-
fense shall provide that the independent cost estimate, and
any updates thereof, under subsection (a) be prepared by
an entity jointly designated by the Director and the Sec-
retary in accordance with section 2434(b)(1)(A) of title 10,
United States Code.
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‘‘(c) UTILIZATION IN BUDGETS OF PRESIDENT.—If the
budget of the President requests appropriations for any fis-
cal year for the development or procurement of a major sys-
tem by the intelligence community, the President shall re-
quest in such budget an amount of appropriations for the
development or procurement, as the case may be, of the
major system that is equivalent to the amount of appropria-
tions identified in the most current independent cost esti-
mate for the major system for obligation for each fiscal year
for which appropriations are requested for the major system
in such budget.
‘‘(d) INCLUSION
OF ESTIMATES
IN BUDGET JUS-
TIFICATION MATERIALS.—The budget justification mate-
rials submitted to Congress in support of the budget of the
President shall include the most current independent cost
estimate under this section for each major system for which
appropriations are requested in such budget for any fiscal
year.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘budget of the President’ means
the budget of the President for a fiscal year as sub-
mitted to Congress under section 1105(a) of title 31,
United States Code.
‘‘(2) The term ‘independent cost estimate’ means
a pragmatic and neutral analysis, assessment, and
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quantification of all costs and risks associated with
the acquisition of a major system, which shall be
based on programmatic and technical specifications
provided by the office within the element of the intel-
ligence community with primary responsibility for
the development, procurement, or operation of the
major system.
‘‘(3) The term ‘major system’ means any signifi-
cant program of an element of the intelligence com-
munity with projected total development and procure-
ment costs exceeding $500,000,000 (in current fiscal
year dollars), which costs shall include all end-to-end
program costs, including costs associated with the de-
velopment and procurement of the program and any
other costs associated with the development and pro-
curement of systems required to support or utilize the
program.’’.
(c) CLERICAL AMENDMENT.—The table of contents for
the National Security Act of 1947 is amended by inserting
after the item relating to section 506 the following new item:
‘‘Sec. 506A. Budget treatment of costs of acquisition of major systems by the intel-
ligence community.’’.
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Subtitle C—Surveillance
SEC. 321. CLARIFICATION AND MODIFICATION OF SUNSET
OF SURVEILLANCE-RELATED AMENDMENTS
MADE BY USA PATRIOT ACT OF 2001.
(a) CLARIFICATION.—Section 224 of the USA PA-
TRIOT ACT of 2001 (Public Law 107–56; 115 Stat. 295)
is amended by adding at the end the following new sub-
section:
‘‘(c) EFFECT OF SUNSET.—Effective on December 31,
2005, each provision of law the amendment of which is sun-
set by subsection (a) shall be revived so as to be in effect
as such provision of law was in effect on October 25, 2001.’’.
(b) MODIFICATION.—Subsection (a) of that section is
amended by inserting ‘‘204,’’ after ‘‘203(c),’’.
Subtitle D—Reports
SEC. 331. REPORT ON CLEARED INSIDER THREAT TO CLAS-
SIFIED COMPUTER NETWORKS.
(a) REPORT REQUIRED.—The Director of Central In-
telligence and the Secretary of Defense shall jointly submit
to the appropriate committees of Congress a report on the
risks to the national security of the United States of the
current computer security practices of the elements of the
intelligence community and of the Department of Defense.
(b) ASSESSMENTS.—The report under subsection (a)
shall include an assessment of the following:
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(1) The vulnerability of the computers and com-
puter systems of the elements of the intelligence com-
munity, and of the Department of Defense, to various
threats from foreign governments, international ter-
rorist organizations, and organized crime, including
information warfare (IW), Information Operations
(IO), Computer Network Exploitation (CNE), and
Computer Network Attack (CNA).
(2) The risks of providing users of local area net-
works (LANs) or wide-area networks (WANs) of com-
puters that include classified information with capa-
bilities for electronic mail, upload and download, or
removable storage media without also deploying com-
prehensive computer firewalls, accountability proce-
dures, or other appropriate security controls.
(3) Any other matters that the Director and the
Secretary jointly consider appropriate for purposes of
the report.
(c) INFORMATION ON ACCESS TO NETWORKS.—The re-
port under subsection (a) shall also include information as
follows:
(1) An estimate of the number of access points
on each classified computer or computer system of an
element of the intelligence community or the Depart-
ment of Defense that permit unsupervised uploading
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or downloading of classified information, set forth by
level of classification.
(2) An estimate of the number of individuals uti-
lizing such computers or computer systems who have
access to input-output devices on such computers or
computer systems.
(3) A description of the policies and procedures
governing the security of the access points referred to
in paragraph (1), and an assessment of the adequacy
of such policies and procedures.
(4) An assessment of viability of utilizing other
technologies (including so-called ‘‘thin client servers’’)
to achieve enhanced security of such computers and
computer systems through more rigorous control of ac-
cess to such computers and computer systems.
(d) RECOMMENDATIONS.—The report under subsection
(a) shall also include such recommendations for modifica-
tions or improvements of the current computer security
practices of the elements of the intelligence community, and
of the Department of Defense, as the Director and the Sec-
retary jointly consider appropriate as a result of the assess-
ments under subsection (b) and the information under sub-
section (c).
(e) SUBMITTAL DATE.—The report under subsection
(a) shall be submitted not later than February 15, 2004.
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(f) FORM.—The report under subsection (a) may be
submitted in classified or unclassified form, at the election
of the Director.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Con-
gress’’ means—
(A) the Select Committee on Intelligence
and the Committee on Armed Services of the
Senate; and
(B) the Permanent Select Committee on In-
telligence and the Committee on Armed Services
of the House of Representatives.
(2) The term ‘‘elements of the intelligence com-
munity’’ means the elements of the intelligence com-
munity set forth in or designated under section 3(4)
of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 332. REPORT ON SECURITY BACKGROUND INVESTIGA-
TIONS AND SECURITY CLEARANCE PROCE-
DURES OF THE FEDERAL GOVERNMENT.
(a) REPORT REQUIRED.—The Director of Central In-
telligence and the Secretary of Defense shall jointly submit
to the appropriate committees of Congress a report on the
utility and effectiveness of the current security background
investigations and security clearance procedures of the Fed-
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eral Government in meeting the purposes of such investiga-
tions and procedures.
(b) PARTICULAR REPORT MATTERS.—In preparing
the report, the Director and the Secretary shall address in
particular the following:
(1) A comparison of the costs and benefits of con-
ducting background investigations for Secret clear-
ance with the costs and benefits of conducting full
field background investigations.
(2) The standards governing the revocation of se-
curity clearances.
(c) RECOMMENDATIONS.—The report under subsection
(a) shall include such recommendations for modifications
or improvements of the current security background inves-
tigations or security clearance procedures of the Federal
Government as the Director and the Secretary jointly con-
sider appropriate as a result of the preparation of the re-
port under that subsection.
(d) SUBMITTAL DATE.—The report under subsection
(a) shall be submitted not later than February 15, 2004.
(e) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
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(1) the Select Committee on Intelligence and the
Committees on Armed Services and the Judiciary of
the Senate; and
(2) the Permanent Select Committee on Intel-
ligence and the Committees on Armed Services and
the Judiciary of the House of Representatives.
SEC. 333. REPORT ON DETAIL OF CIVILIAN INTELLIGENCE
PERSONNEL AMONG ELEMENTS OF THE IN-
TELLIGENCE COMMUNITY AND THE DEPART-
MENT OF DEFENSE.
(a) REPORT REQUIRED.—The Director of Central In-
telligence shall, in consultation with the heads of the ele-
ments of the intelligence community, submit to the appro-
priate committees of Congress a report on means of improv-
ing the detail or transfer of civilian intelligence personnel
between and among the various elements of the intelligence
community for the purpose of enhancing the flexibility and
effectiveness of the intelligence community in responding to
changes in requirements for the collection, analysis, and
dissemination of intelligence.
(b) REPORT ELEMENTS.—The report under subsection
(a) shall—
(1) set forth a variety of proposals on means of
improving the detail or transfer of civilian intel-
ligence personnel as described in that subsection;
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(2) identify the proposal or proposals determined
by the heads of the elements of the intelligence com-
munity to be most likely to meet the purpose described
in that subsection; and
(3) include such recommendations for such legis-
lative or administrative action as the heads of the ele-
ments of the intelligence community consider appro-
priate to implement the proposal or proposals identi-
fied under paragraph (2).
(c) SUBMITTAL DATE.—The report under subsection
(a) shall be submitted not later than February 15, 2004.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Con-
gress’’ means—
(A) the Select Committee on Intelligence
and the Committees on Armed Services and the
Judiciary of the Senate; and
(B) the Permanent Select Committee on In-
telligence and the Committees on Armed Services
and the Judiciary of the House of Representa-
tives.
(2) The term ‘‘elements of the intelligence com-
munity’’ means the elements of the intelligence com-
munity set forth in or designated under section 3(4)
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of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(3) The term ‘‘heads of the elements of the intel-
ligence community’’ includes the Secretary of Defense
with respect to each element of the intelligence com-
munity within the Department of Defense or the mili-
tary departments.
SEC. 334. REPORT ON MODIFICATIONS OF POLICY AND LAW
ON CLASSIFIED INFORMATION TO FACILI-
TATE SHARING OF INFORMATION FOR NA-
TIONAL SECURITY PURPOSES.
(a) REPORT.—Not later than four months after the
date of the enactment of this Act, the President shall submit
to the appropriate committees of Congress a report that—
(1) identifies impediments in current policy and
regulations to the sharing of classified information
horizontally across and among Federal departments
and agencies, and between Federal departments and
agencies and vertically to and from agencies of State
and local governments and the private sector, for na-
tional security purposes, including homeland security;
(2) proposes appropriate modifications of policy,
law, and regulations to eliminate such impediments
in order to facilitate such sharing of classified infor-
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mation for homeland security purposes, including
homeland security; and
(3) outlines a plan of action (including appro-
priate milestones and funding) to establish the Ter-
rorist Threat Integration Center as called for in the
Information on the State of the Union given by the
President to Congress under section 3 of Article II of
the Constitution of the United States in 2003.
(b) CONSIDERATIONS.—In preparing the report under
subsection (a), the President shall—
(1) consider the extent to which the reliance on
a document-based approach to the protection of classi-
fied information impedes the sharing of classified in-
formation; and
(2) consider the extent to which the utilization of
a database-based approach, or other electronic ap-
proach, to the protection of classified information
might facilitate the sharing of classified information.
(c) COORDINATION WITH OTHER INFORMATION SHAR-
ING ACTIVITIES.—In preparing the report under subsection
(a), the President shall, to the maximum extent practicable,
take into account actions being undertaken under the
Homeland Security Information Sharing Act (subtitle I of
title VIII of Public Law 107–296; 116 Stat. 2252; 6 U.S.C.
481 et seq.).
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(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Select Committee on Intelligence and the
Committees on Armed Services and the Judiciary of
the Senate; and
(2) the Permanent Select Committee on Intel-
ligence, the Select Committee on Homeland Security,
and the Committees on Armed Services and the Judi-
ciary of the House of Representatives.
SEC. 335. REPORT OF SECRETARY OF DEFENSE AND DIREC-
TOR OF CENTRAL INTELLIGENCE ON STRA-
TEGIC PLANNING.
(a) REPORT.—Not later than February 15, 2004, the
Secretary of Defense and the Director of Central Intelligence
shall jointly submit to the appropriate committees of Con-
gress a report that assesses progress in the following:
(1) The development by the Department of De-
fense and the intelligence community of a comprehen-
sive and uniform analytical capability to assess the
utility and advisability of various sensor and plat-
form architectures and capabilities for the collection
of intelligence.
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(2) The improvement of coordination between the
Department and the intelligence community on stra-
tegic and budgetary planning.
(b) FORM.—The report under subsection (a) may be
submitted in classified form.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Select Committee on Intelligence and the
Committee on Armed Services of the Senate; and
(2) the Permanent Select Committee on Intel-
ligence and the Committee on Armed Services of the
House of Representatives.
SEC. 336. REPORT ON UNITED STATES DEPENDENCE ON
COMPUTER HARDWARE AND SOFTWARE MAN-
UFACTURED OVERSEAS.
(a) REPORT.—Not later than February 15, 2004, the
Director of Central Intelligence shall submit to the appro-
priate committees of Congress a report on the extent of
United States dependence on computer hardware or soft-
ware that is manufactured overseas.
(b) ELEMENTS.—The report under subsection (a) shall
address the following:
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(1) The extent to which the United States cur-
rently depends on computer hardware or software
that is manufactured overseas.
(2) The extent to which United States depend-
ence on such computer hardware or software is in-
creasing.
(3) The vulnerabilities of the national security
and economy of the United States as a result of
United States dependence on such computer hardware
or software.
(4) Any other matters relating to United States
dependence on such computer hardware or software
that the Director considers appropriate.
(c) CONSULTATION WITH PRIVATE SECTOR.—In pre-
paring the report under subsection (a), the Director may
consult, and is encouraged to consult, with appropriate per-
sons and entities in the computer hardware or software in-
dustry and with other appropriate persons and entities in
the private sector.
(d) FORM.—(1) The report under subsection (a) shall
be submitted in unclassified form, but may include a classi-
fied annex.
(2) The report may be in the form of a National Intel-
ligence Estimate.
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(e) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Select Committee on Intelligence and the
Committee on Armed Services of the Senate; and
(2) the Permanent Select Committee on Intel-
ligence and the Committee on Armed Services of the
House of Representatives.
SEC. 337. REPORT ON LESSONS LEARNED FROM MILITARY
OPERATIONS IN IRAQ.
(a) REPORT.—Not later than one year after the date
of the enactment of this Act, the Director of Central Intel-
ligence shall submit to the appropriate committees of Con-
gress a report on the intelligence lessons learned as a result
of Operation Iraqi Freedom.
(b) RECOMMENDATIONS.—The report under subsection
(a) shall include such recommendations on means of im-
proving training, equipment, operations, coordination, and
collection of or for intelligence as the Director considers ap-
propriate.
(c) FORM.—The report under subsection (a) shall be
submitted in classified form.
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
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(1) the Select Committee on Intelligence and the
Committee on Armed Services of the Senate; and
(2) the Permanent Select Committee on Intel-
ligence and the Committee on Armed Services of the
House of Representatives.
SEC. 338. REPORTS ON CONVENTIONAL WEAPONS AND AM-
MUNITION OBTAINED BY IRAQ IN VIOLATION
OF CERTAIN UNITED NATIONS SECURITY
COUNCIL RESOLUTIONS.
(a) PRELIMINARY REPORT.—Not later than 120 days
after the date of the cessation of hostilities in Iraq (as deter-
mined by the President), the Director of the Defense Intel-
ligence Agency shall, after such consultation with the Sec-
retary of State and the Attorney General as the Director
considers appropriate, submit to the appropriate commit-
tees of Congress a preliminary report on all information
obtained by the Department of Defense and the intelligence
community on the conventional weapons and ammunition
obtained by Iraq in violation of applicable resolutions of
the United Nations Security Council adopted since the in-
vasion of Kuwait by Iraq in August 1990.
(b) FINAL REPORT.—(1) Not later than 270 days after
the date of the cessation of hostilities in Iraq (as so deter-
mined), the Director shall submit to the appropriate com-
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mittees of Congress a final report on the information de-
scribed in subsection (a).
(2) The final report under paragraph (1) shall include
such updates of the preliminary report under subsection (a)
as the Director considers appropriate.
(c) ELEMENTS.—Each report under this section shall
set forth, to the extent practicable, with respect to each ship-
ment of weapons or ammunition addressed in such report
the following:
(1) The country of origin.
(2) Any country of transshipment.
(d) FORM.—Each report under this section shall be
submitted in unclassified form, but may include a classified
annex.
(e) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Select Committee on Intelligence and the
Committees on Armed Services and Foreign Relations
of the Senate; and
(2) the Permanent Select Committee on Intel-
ligence and the Committees on Armed Services and
International Relations of the House of Representa-
tives.
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SEC. 339. REPEAL OF CERTAIN REPORT REQUIREMENTS RE-
LATING TO INTELLIGENCE ACTIVITIES.
(a) ANNUAL EVALUATION OF PERFORMANCE AND RE-
SPONSIVENESS
OF INTELLIGENCE COMMUNITY.—Section
105 of the National Security Act of 1947 (50 U.S.C. 403–
5) is amended by striking subsection (d).
(b) PERIODIC AND SPECIAL REPORTS ON DISCLOSURE
OF INTELLIGENCE INFORMATION TO UNITED NATIONS.—
Section 112 of the National Security Act of 1947 (50 U.S.C.
404g) is amended—
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
(c) ANNUAL REPORT ON INTELLIGENCE COMMUNITY
COOPERATION WITH COUNTERDRUG ACTIVITIES.—Section
114 of the National Security Act of 1947 (50 U.S.C. 404i)
is amended—
(1) by striking subsection (a); and
(2) by redesignating subsections (b) through (f)
as subsections (a) through (e), respectively.
(d) ANNUAL REPORT ON COVERT LEASES.—Section
114 of the National Security Act of 1947, as amended by
this section, is further amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection
(d).
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(e) ANNUAL REPORT
ON PROTECTION
OF COVERT
AGENTS.—Section 603 of the National Security Act of 1947
(50 U.S.C. 423) is repealed.
(f) ANNUAL REPORT ON CERTAIN FOREIGN COMPA-
NIES INVOLVED IN PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION.—Section 827 of the Intelligence Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–306; 116
Stat. 2430; 50 U.S.C. 404n–3) is repealed.
(g) ANNUAL REPORT ON INTELLIGENCE ACTIVITIES OF
PEOPLE’S REPUBLIC OF CHINA.—Section 308 of the Intel-
ligence Authorization Act for Fiscal Year 1998 (Public Law
105–107; 111 Stat. 2253; 50 U.S.C. 402a note) is repealed.
(h) ANNUAL REPORT ON COORDINATION OF COUNTER-
INTELLIGENCE MATTERS WITH FBI.—Section 811(c) of the
Counterintelligence and Security Enhancements Act of
1994 (title VIII of Public Law 103–359; 50 U.S.C. 402a(c))
is amended—
(1) by striking paragraph (6); and
(2) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively.
(i) REPORT ON POSTEMPLOYMENT ASSISTANCE FOR
TERMINATED INTELLIGENCE EMPLOYEES.—Section 1611
of title 10, United States Code, is amended by striking sub-
section (e).
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(j) ANNUAL REPORT ON ACTIVITIES OF FBI PER-
SONNEL OUTSIDE THE UNITED STATES.—Section 540C of
title 18, United States Code, is repealed.
(k) ANNUAL REPORT ON EXCEPTIONS TO CONSUMER
DISCLOSURE REQUIREMENTS FOR NATIONAL SECURITY IN-
VESTIGATIONS.—Section 604(b)(4) of the Fair Credit Re-
porting Act (15 U.S.C. 1681b(b)(4)) is amended—
(1) by striking subparagraphs (D) and (E); and
(2) by redesignating subparagraph (F) as sub-
paragraph (D).
(l) CONFORMING AMENDMENTS.—Section 507 of the
National Security Act of 1947 (50 U.S.C. 415b) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking subparagraphs (A), (C),
(D), (G), (I), (J), and (L); and
(ii) by redesignating subparagraphs
(B), (E), (F), (H), (K), (M), and (N) as
subparagraphs (A), (B), (C), (D), (E), (F),
and (G), respectively; and
(iii) in subparagraph (G), as so redes-
ignated, by striking ‘‘section 114(c)’’ and
inserting ‘‘section 114(b)’’.
(B) in paragraph (2)—
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(i) in subparagraph (A), by striking
‘‘section 114(b)’’ and inserting ‘‘section
114(a)’’;
(ii) in subparagraph (B), by striking
‘‘section 114(d)’’ and inserting ‘‘section
114(c)’’;
(iii) by striking subparagraphs (C),
(E), and (F); and
(iv) by redesignating subparagraphs
(D) and (G) as subparagraphs (C) and (D),
respectively; and
(2) in subsection (b)—
(A) by striking paragraph (1); and
(B) 
by 
redesignating 
paragraphs 
(2)
through (8) as paragraphs (1) through (7), re-
spectively.
(m) CLERICAL AMENDMENTS.—
(1) NATIONAL SECURITY ACT OF 1947.—The table
of contents for the National Security Act of 1947 is
amended by striking the item relating to section 603.
(2) TITLE 18, UNITED STATES CODE.—The table
of sections at the beginning of chapter 33 of title 18,
United States Code, is amended by striking the item
relating to section 540C.
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(n) EFFECTIVE DATE.—The amendments made by this
section shall take effect on December 31, 2003.
SEC. 340. REPORT ON OPERATIONS OF DIRECTORATE OF
INFORMATION ANALYSIS AND INFRASTRUC-
TURE PROTECTION AND TERRORIST THREAT
INTEGRATION CENTER.
(a) REPORT REQUIRED.—The Secretary of Homeland
Security shall submit to the appropriate committees of Con-
gress a report on the operations of the Directorate of Infor-
mation Analysis and Infrastructure Protection of the De-
partment of Homeland Security and the Terrorist Threat
Integration Center. The report shall include the following:
(1) An assessment of the operations of the Direc-
torate, including the capability of the Directorate—
(A) to meet personnel requirements, includ-
ing requirements to employ qualified analysts,
and the status of efforts to employ qualified ana-
lysts;
(B) to share intelligence information with
the other elements of the intelligence community,
including the sharing of intelligence information
through secure information technology connec-
tions between the Directorate and the other ele-
ments of the intelligence community;
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(C) to disseminate intelligence information,
or analyses of intelligence information, to other
departments and agencies of the Federal Govern-
ment and, as appropriate, to State and local
governments;
(D) to coordinate with State and local
counterterrorism and law enforcement officials;
(E) to access information, including intel-
ligence and law enforcement information, from
the departments and agencies of the Federal Gov-
ernment, including the ability to access, in a
timely and efficient manner, all information au-
thorized by section 202 of the Homeland Secu-
rity Act of 2002 (Public Law 107–296; 6 U.S.C.
122); and
(F) to fulfill, given the current assets and
capabilities of the Directorate, the responsibil-
ities set forth in section 201 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 121);
(2) A delineation of the responsibilities and du-
ties of the Directorate and of the responsibilities and
duties of the Center.
(3) A delineation and summary of the areas in
which the responsibilities and duties of the Direc-
torate and the Center overlap.
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(4) An assessment of whether the areas of over-
lap, if any, delineated under paragraph (3) represent
an inefficient utilization of the limited resources of
the Directorate and the intelligence community.
(5) Such information as the Secretary, in coordi-
nation with the Director of Central Intelligence and
the Director of the Federal Bureau of Investigation,
considers appropriate to explain the basis for the es-
tablishment and operation of the Center as a ‘‘joint
venture’’ of participating agencies rather than as an
element of the Directorate reporting directly to the
Secretary through the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection.
(b) SUBMITTAL DATE.—The report required by this
section shall be submitted not later than May 1, 2004.
(c) FORM.—The report required by this section shall
be submitted in unclassified form, but may include a classi-
fied annex.
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Select Committee on Intelligence and the
Committees on Governmental Affairs, the Judiciary,
and Appropriations of the Senate; and
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(2) the Permanent Select Committee on Intel-
ligence, the Select Committee on Homeland Security,
and the Committees on the Judiciary and Appropria-
tions of the House of Representatives.
Subtitle E—Other Matters
SEC. 351. EXTENSION OF SUSPENSION OF REORGANIZA-
TION 
OF 
DIPLOMATIC 
TELECOMMUNI-
CATIONS SERVICE PROGRAM OFFICE.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2002 (Public Law 107–108; 22 U.S.C. 7301
note) is amended—
(1) in the heading, by striking ‘‘TWO-YEAR’’
before ‘‘SUSPENSION OF REORGANIZA-
TION’’; and
(2) in the text, by striking ‘‘ending on October
1, 2003’’ and inserting ‘‘ending on the date that is 60
days after the appropriate congressional committees
of jurisdiction (as defined in section 324(d) of that
Act (22 U.S.C. 7304(d)) are notified jointly by the
Secretary of State (or the Secretary’s designee) and
the Director of the Office of Management and Budget
(or the Director’s designee) that the operational
framework for the office has been terminated’’.
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SEC. 352. MODIFICATIONS OF AUTHORITIES ON EXPLOSIVE
MATERIALS.
(a) CLARIFICATION OF ALIENS AUTHORIZED TO DIS-
TRIBUTE EXPLOSIVE MATERIALS.—Section 842(d)(7) of
title 18, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the
end;
(2) in subparagraph (B)—
(A) by inserting ‘‘or’’ at the end of clause
(i); and
(B) by striking clauses (iii) and (iv); and
(3) by adding the following new subparagraphs:
‘‘(C) is a member of a North Atlantic Trea-
ty Organization (NATO) or other friendly for-
eign military force, as determined by the Attor-
ney General in consultation with the Secretary
of Defense, who is present in the United States
under military orders for training or other mili-
tary purpose authorized by the United States
and the shipping, transporting, possession, or re-
ceipt of explosive materials is in furtherance of
the authorized military purpose; or
‘‘(D) is lawfully present in the United
States in cooperation with the Director of Cen-
tral Intelligence, and the shipment, transpor-
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HR 2417 EAS
tation, receipt, or possession of the explosive ma-
terials is in furtherance of such cooperation;’’.
(b) CLARIFICATION OF ALIENS AUTHORIZED TO POS-
SESS
OR
RECEIVE
EXPLOSIVE
MATERIALS.—Section
842(i)(5) of title 18, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the
end;
(2) in subparagraph (B)—
(A) by inserting ‘‘or’’ at the end of clause
(i); and
(B) by striking clauses (iii) and (iv); and
(3) by adding the following new subparagraphs:
‘‘(C) is a member of a North Atlantic Trea-
ty Organization (NATO) or other friendly for-
eign military force, as determined by the Attor-
ney General in consultation with the Secretary
of Defense, who is present in the United States
under military orders for training or other mili-
tary purpose authorized by the United States
and the shipping, transporting, possession, or re-
ceipt of explosive materials is in furtherance of
the authorized military purpose; or
‘‘(D) is lawfully present in the United
States in cooperation with the Director of Cen-
tral Intelligence, and the shipment, transpor-
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tation, receipt, or possession of the explosive ma-
terials is in furtherance of such cooperation;’’.
SEC. 353. MODIFICATION OF PROHIBITION ON THE NATU-
RALIZATION OF CERTAIN PERSONS.
Section 313(e)(4) of the Immigration and Nationality
Act (8 U.S.C. 1424(e)(4)) is amended—
(1) by inserting ‘‘when Department of Defense
activities are relevant to the determination’’ after
‘‘Secretary of Defense’’; and
(2) by inserting ‘‘and the Secretary of Homeland
Security’’ after ‘‘Attorney General’’.
SEC. 354. MODIFICATION TO DEFINITION OF FINANCIAL IN-
STITUTION IN THE RIGHT TO FINANCIAL PRI-
VACY ACT.
The Right to Financial Privacy Act of 1978 (12 U.S.C.
3401 et seq.) is amended—
(1) in section 1101(1) (12 U.S.C. 3401(1)), by
inserting ‘‘, except as provided in section 1114,’’ be-
fore ‘‘means any office’’; and
(2) in section 1114 (12 U.S.C. 3414), by adding
at the end the following:
‘‘(c) For purposes of this section, the term ‘financial
institution’ has the same meaning as in section 5312(a)(2)
of title 31, United States Code, except that, for purposes
of this section, such term shall include only such a financial
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institution any part of which is located inside any State
or territory of the United States, the District of Columbia,
Puerto Rico, Guam, American Samoa, or the United States
Virgin Islands.’’.
SEC. 355. COORDINATION OF FEDERAL GOVERNMENT RE-
SEARCH ON SECURITY EVALUATIONS.
(a) WORKSHOPS FOR COORDINATION OF RESEARCH.—
The National Science Foundation and the Office of Science
and Technology Policy shall jointly sponsor not less than
two workshops on the coordination of Federal Government
research on the use of behavioral, psychological, and physio-
logical assessments of individuals in the conduct of security
evaluations.
(b) DEADLINE FOR COMPLETION OF ACTIVITIES.—The
activities of the workshops sponsored under subsection (a)
shall be completed not later than March 1, 2004.
(c) PURPOSES.—The purposes of the workshops spon-
sored under subsection (a) are as follows:
(1) To provide a forum for cataloging and co-
ordinating federally-funded research activities relat-
ing to the development of new techniques in the be-
havioral, psychological, or physiological assessment of
individuals to be used in security evaluations.
(2) To develop a research agenda for the Federal
Government on behavioral, psychological, and physio-
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logical assessments of individuals, including an iden-
tification of the research most likely to advance the
understanding of the use of such assessments of indi-
viduals in security evaluations.
(3) To distinguish between short-term and long-
term areas of research on behavioral, psychological,
and physiological assessments of individuals in order
maximize the utility of short-term and long-term re-
search on such assessments.
(4) To identify the Federal agencies best suited
to support research on behavioral, psychological, and
physiological assessments of individuals.
(5) To develop recommendations for coordinating
future federally-funded research for the development,
improvement, or enhancement of security evaluations.
(d) ADVISORY GROUP.—(1) In order to assist the Na-
tional Science Foundation and the Office of Science and
Technology Policy in carrying out the activities of the work-
shops sponsored under subsection (a), there is hereby estab-
lished an interagency advisory group with respect to such
workshops.
(2) The advisory group shall be composed of the fol-
lowing:
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(A) A representative of the Social, Behavioral,
and Economic Directorate of the National Science
Foundation.
(B) A representative of the Office of Science, and
Technology Policy.
(C) The Secretary of Defense, or a designee of the
Secretary.
(D) The Secretary of State, or a designee of the
Secretary.
(E) The Attorney General, or a designee of the
Attorney General.
(F) The Secretary of Energy, or a designee of the
Secretary.
(G) The Secretary of Homeland Security, or a
designee of the Secretary.
(H) The Director of Central Intelligence, or a
designee of the Director.
(I) The Director of the Federal Bureau of Inves-
tigation, or a designee of the Director.
(J) The National Counterintelligence Executive,
or a designee of the National Counterintelligence Ex-
ecutive.
(K) Any other official assigned to the advisory
group by the President for purposes of this section.
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(3) The members of the advisory group under subpara-
graphs (A) and (B) of paragraph (2) shall jointly head the
advisory group.
(4) The advisory group shall provide the Foundation
and the Office such information, advice, and assistance
with respect to the workshops sponsored under subsection
(a) as the advisory group considers appropriate.
(5) The advisory group shall not be treated as an advi-
sory committee for purposes of the Federal Advisory Com-
mittee Act (5 U.S.C. App.).
(e) REPORT.—Not later than March 1, 2004, the Na-
tional Science Foundation and the Office of Science and
Technology Policy shall jointly submit Congress a report
on the results of activities of the workshops sponsored under
subsection (a), including the findings and recommendations
of the Foundation and the Office as a result of such activi-
ties.
(f) FUNDING.—(1) Of the amount authorized to be ap-
propriated for the Intelligence Community Management Ac-
count by section 104(a), $500,000 shall be available to the
National Science Foundation and the Office of Science and
Technology Policy to carry out this section.
(2) The amount authorized to be appropriated by
paragraph (1) shall remain available until expended.
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SEC. 356. TECHNICAL AMENDMENTS.
(a) NATIONAL SECURITY ACT OF 1947.—Subsection
(c)(1) of section 112 of the National Security Act of 1947,
as redesignated by section 339(b) of this Act, is further
amended by striking ‘‘section 103(c)(6)’’ and inserting ‘‘sec-
tion 103(c)(7)’’.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—
(1) Section 5(a)(1) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking
‘‘(c)(6)’’ each place it appears and inserting ‘‘(c)(7)’’.
(2) Section 6 of that Act (50 U.S.C. 403g) is amended
by striking ‘‘section 103(c)(6) of the National Security Act
of 1947 (50 U.S.C. 403–3(c)(6))’’ and inserting ‘‘section
103(c)(7) of the National Security Act of 1947 (50 U.S.C.
403–3(c)(7))’’.
(2) Section 15 of that Act (50 U.S.C. 403o) is
amended—
(A) in subsection (a)(1), by striking ‘‘special po-
licemen of the General Services Administration per-
form under the first section of the Act entitled ‘An Act
to authorize the Federal Works Administrator or offi-
cials of the Federal Works Agency duly authorized by
him to appoint special policeman for duty upon Fed-
eral property under the jurisdiction of the Federal
Works Agency, and for other purposes’ (40 U.S.C.
318),’’ and inserting ‘‘officers and agents of the De-
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partment of Homeland Security, as provided in sec-
tion 1315(b)(2) of title 40, United States Code,’’; and
(B) in subsection (b), by striking ‘‘the fourth sec-
tion of the Act referred to in subsection (a) of this sec-
tion (40 U.S.C. 318c)’’ and inserting ‘‘section
1315(c)(2) of title 40, United States Code’’.
(c) NATIONAL SECURITY AGENCY ACT OF 1959.—Sec-
tion 11 of the National Security Agency Act of 1959 (50
U.S.C. 402 note) is amended—
(1) in subsection (a)(1), by striking ‘‘special po-
licemen of the General Services Administration per-
form under the first section of the Act entitled ‘An Act
to authorize the Federal Works Administrator or offi-
cials of the Federal Works Agency duly authorized by
him to appoint special policeman for duty upon Fed-
eral property under the jurisdiction of the Federal
Works Agency, and for other purposes’ (40 U.S.C.
318)’’ and inserting ‘‘officers and agents of the De-
partment of Homeland Security, as provided in sec-
tion 1315(b)(2) of title 40, United States Code,’’; and
(2) in subsection (b), by striking ‘‘the fourth sec-
tion of the Act referred to in subsection (a) (40 U.S.C.
318c)’’ and inserting ‘‘section 1315(c)(2) of title 40,
United States Code’’.
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(d) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2003.—Section 343 of the Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.
2399; 50 U.S.C. 404n–2) is amended—
(1) in subsection (c), by striking ‘‘section
103(c)(6) of the National Security Act of 1947 (50
U.S.C. 403–3(c)(6))’’ and inserting ‘‘section 103(c)(7)
of the National Security Act of 1947 (50 U.S.C. 403–
3(c)(7))’’; and
(2) in subsection (e)(2), by striking ‘‘section
103(c)(6)’’ and inserting ‘‘section 103(c)(7)’’.
(e) PUBLIC LAW 107–173.—Section 201(c)(3)(F) of the
Enhanced Border Security and Visa Entry Reform Act of
2002 (Public Law 107–173; 116 Stat. 548; 8 U.S.C.
1721(c)(3)(F)) is amended by striking ‘‘section 103(c)(6) of
the National Security Act of 1947 (50 U.S.C. 403–3(c)(6))’’
and inserting ‘‘section 103(c)(7) of the National Security
Act of 1947 (50 U.S.C. 403–3(c)(7))’’.
SEC. 357. TREATMENT OF CLASSIFIED INFORMATION IN
MONEY LAUNDERING CASES.
Section 5318A of title 31, United States Code, is
amended by adding at the end the following:
‘‘(f) CLASSIFIED INFORMATION.—In any judicial re-
view of a finding of the existence of a primary money laun-
dering concern, or of the requirement for 1 or more special
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measures with respect to a primary money laundering con-
cern, made under this section, if the designation or imposi-
tion, or both, were based on classified information (as de-
fined in section 1(a) of the Classified Information Proce-
dures Act (18 U.S.C. App.), such information may be sub-
mitted by the Secretary to the reviewing court ex parte and
in camera. This subsection does not confer or imply any
right to judicial review of any finding made or required
under this section.’’.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. AMENDMENT TO CERTAIN CENTRAL INTEL-
LIGENCE AGENCY ACT OF 1949 NOTIFICATION
REQUIREMENTS.
Section 4(b)(5) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403e(b)(5)) is amended inserting ‘‘,
other than regulations under paragraph (1),’’ after ‘‘Regu-
lations’’.
SEC. 402. PROTECTION OF CERTAIN CENTRAL INTEL-
LIGENCE AGENCY PERSONNEL FROM TORT
LIABILITY.
Section 15 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403o) is amended by adding at the end
the following new subsection:
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‘‘(d)(1) Notwithstanding any other provision of law,
any Agency personnel designated by the Director under sub-
section (a), or designated by the Director under section
5(a)(4) to carry firearms for the protection of current or
former Agency personnel and their immediate families, de-
fectors and their immediate families, and other persons in
the United States under Agency auspices, shall be consid-
ered for purposes of chapter 171 of title 28, United States
Code, or any other provision of law relating to tort liability,
to be acting within the scope of their office or employment
when such Agency personnel take reasonable action, which
may include the use of force, to—
‘‘(A) protect an individual in the presence of
such Agency personnel from a crime of violence;
‘‘(B) provide immediate assistance to an indi-
vidual who has suffered or who is threatened with
bodily harm; or
‘‘(C) prevent the escape of any individual whom
such Agency personnel reasonably believe to have com-
mitted a crime of violence in the presence of such
Agency personnel.
‘‘(2) Paragraph (1) shall not affect the authorities of
the Attorney General under section 2679(d)(1) of title 28,
United States Code.
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‘‘(3) In this subsection, the term ‘crime of violence’ has
the meaning given that term in section 16 of title 18,
United States Code.’’.
SEC. 403. REPEAL OF OBSOLETE LIMITATION ON USE OF
FUNDS IN CENTRAL SERVICES WORKING CAP-
ITAL FUND.
Section 21(f)(2) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403u(f)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘(A) Sub-
ject to subparagraph (B), the Director’’ and inserting
‘‘The Director’’; and
(2) by striking subparagraph (B).
SEC. 404. TECHNICAL AMENDMENT TO FEDERAL INFORMA-
TION SECURITY MANAGEMENT ACT OF 2002.
Section 3535(b)(1) of title 44, United States Code, as
added by section 1001(b)(1) of the Homeland Security Act
of 2002 (Public Law 107–296), and section 3545(b)(1) of
title 44, United States Code, as added by section 301(b)(1)
of the E–Government Act of 2002 (Public Law 107–347),
are each amended by inserting ‘‘or any other law’’ after
‘‘1978’’.
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SEC. 405. CONTRIBUTION BY CENTRAL INTELLIGENCE
AGENCY EMPLOYEES OF CERTAIN BONUS PAY
TO THRIFT SAVINGS PLAN ACCOUNTS.
(a) CSRS PARTICIPANTS.—Section 8351(d) of title 5,
United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2)(A) An employee of the Central Intelligence Agency
making contributions to the Thrift Savings Fund out of
basic pay may also contribute (by direct transfer to the
Fund) any part of bonus pay received by the employee as
part of the pilot project required by section 402(b) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107–306; 116 Stat. 2403; 50 U.S.C. 403–4 note).
‘‘(B) Contributions under this paragraph are subject
to section 8432(d) of this title.’’.
(b) FERS PARTICIPANTS.—Section 8432 of title 5,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(k)(1) An employee of the Central Intelligence Agency
making contributions to the Thrift Savings Fund out of
basic pay may also contribute (by direct transfer to the
Fund) any part of bonus pay received by the employee as
part of the pilot project required by section 402(b) of the
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Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107–306; 116 Stat. 2403; 50 U.S.C. 403–4 note).
‘‘(2) Contributions under this subsection are subject to
subsection (d).
‘‘(3) For purposes of subsection (c), basic pay of an
employee of the Central Intelligence Agency shall include
bonus pay received by the employee as part of the pilot
project referred to in paragraph (1).’’.
TITLE V—DEPARTMENT OF DE-
FENSE INTELLIGENCE MAT-
TERS
SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NA-
TIONAL SECURITY AGENCY.
(a) CONSOLIDATION
OF CURRENT PROVISIONS
ON
PROTECTION OF OPERATIONAL FILES.—The National Se-
curity Act of 1947 (50 U.S.C. 401 et seq.) is amended by
transferring sections 105C and 105D to the end of title VII
and redesignating such sections, as so transferred, as sec-
tions 703 and 704, respectively.
(b) PROTECTION OF OPERATIONAL FILES OF NSA.—
Title VII of such Act, as amended by subsection (a), is fur-
ther amended by adding at the end the following new sec-
tion:
‘‘OPERATIONAL FILES OF THE NATIONAL SECURITY AGENCY
‘‘SEC. 705. (a) EXEMPTION OF CERTAIN OPERATIONAL
FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO-
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SURE.—(1) Operational files of the National Security Agen-
cy (hereafter in this section referred to as ‘NSA’) may be
exempted by the Director of NSA, in coordination with the
Director of Central Intelligence, from the provisions of sec-
tion 552 of title 5, United States Code, which require publi-
cation, disclosure, search, or review in connection therewith.
‘‘(2)(A) In this section, the term ‘operational files’
means—
‘‘(i) files of the Signals Intelligence Directorate,
and its successor organizations, which document the
means by which foreign intelligence or counterintel-
ligence is collected through technical systems; and
‘‘(ii) files of the Research Associate Directorate,
and its successor organizations, which document the
means by which foreign intelligence or counterintel-
ligence is collected through scientific and technical
systems.
‘‘(B) Files which are the sole repository of dissemi-
nated intelligence, and files that have been accessioned into
NSA Archives, or its successor organizations, are not oper-
ational files.
‘‘(3) Notwithstanding paragraph (1), exempted oper-
ational files shall continue to be subject to search and review
for information concerning—
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‘‘(A) United States citizens or aliens lawfully
admitted for permanent residence who have requested
information on themselves pursuant to the provisions
of section 552 or 552a of title 5, United States Code;
‘‘(B) any special activity the existence of which
is not exempt from disclosure under the provisions of
section 552 of title 5, United States Code; or
‘‘(C) the specific subject matter of an investiga-
tion by any of the following for any impropriety, or
violation of law, Executive order, or Presidential di-
rective, in the conduct of an intelligence activity:
‘‘(i) The Committee on Armed Services and
the Permanent Select Committee on Intelligence
of the House of Representatives.
‘‘(ii) The Committee on Armed Services and
the Select Committee on Intelligence of the Sen-
ate.
‘‘(iii) The Intelligence Oversight Board.
‘‘(iv) The Department of Justice.
‘‘(v) The Office of General Counsel of NSA.
‘‘(vi) The Office of the Inspector General of
the Department of Defense.
‘‘(vii) The Office of the Director of NSA.
‘‘(4)(A) Files that are not exempted under paragraph
(1) which contain information derived or disseminated
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from exempted operational files shall be subject to search
and review.
‘‘(B) The inclusion of information from exempted oper-
ational files in files that are not exempted under paragraph
(1) shall not affect the exemption under paragraph (1) of
the originating operational files from search, review, publi-
cation, or disclosure.
‘‘(C) The declassification of some of the information
contained in exempted operational files shall not affect the
status of the operational file as being exempt from search,
review, publication, or disclosure.
‘‘(D) Records from exempted operational files which
have been disseminated to and referenced in files that are
not exempted under paragraph (1), and which have been
returned to exempted operational files for sole retention
shall be subject to search and review.
‘‘(5) The provisions of paragraph (1) may not be su-
perseded except by a provision of law which is enacted after
the date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2004, and which specifically cites and
repeals or modifies such provisions.
‘‘(6)(A) Except as provided in subparagraph (B),
whenever any person who has requested agency records
under section 552 of title 5, United States Code, alleges that
NSA has withheld records improperly because of failure to
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comply with any provision of this section, judicial review
shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
‘‘(B) Judicial review shall not be available in the man-
ner provided for under subparagraph (A) as follows:
‘‘(i) In any case in which information specifi-
cally authorized under criteria established by an Ex-
ecutive order to be kept secret in the interests of na-
tional defense or foreign relations is filed with, or
produced for, the court by NSA, such information
shall be examined ex parte, in camera by the court.
‘‘(ii) The court shall determine, to the fullest ex-
tent practicable, the issues of fact based on sworn
written submissions of the parties.
‘‘(iii) When a complainant alleges that requested
records are improperly withheld because of improper
placement solely in exempted operational files, the
complainant shall support such allegation with a
sworn written submission based upon personal knowl-
edge or otherwise admissible evidence.
‘‘(iv)(I) When a complainant alleges that re-
quested records were improperly withheld because of
improper exemption of operational files, NSA shall
meet its burden under section 552(a)(4)(B) of title 5,
United States Code, by demonstrating to the court by
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sworn written submission that exempted operational
files likely to contain responsible records currently
perform the functions set forth in paragraph (2).
‘‘(II) The court may not order NSA to review the
content of any exempted operational file or files in
order to make the demonstration required under sub-
clause (I), unless the complainant disputes NSA’s
showing with a sworn written submission based on
personal knowledge or otherwise admissible evidence.
‘‘(v) In proceedings under clauses (iii) and (iv),
the parties may not obtain discovery pursuant to
rules 26 through 36 of the Federal Rules of Civil Pro-
cedure, except that requests for admissions may be
made pursuant to rules 26 and 36.
‘‘(vi) If the court finds under this paragraph
that NSA has improperly withheld requested records
because of failure to comply with any provision of
this subsection, the court shall order NSA to search
and review the appropriate exempted operational file
or files for the requested records and make such
records, or portions thereof, available in accordance
with the provisions of section 552 of title 5, United
States Code, and such order shall be the exclusive
remedy for failure to comply with this subsection.
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‘‘(vii) If at any time following the filing of a
complaint pursuant to this paragraph NSA agrees to
search the appropriate exempted operational file or
files for the requested records, the court shall dismiss
the claim based upon such complaint.
‘‘(viii) Any information filed with, or produced
for the court pursuant to clauses (i) and (iv) shall be
coordinated with the Director of Central Intelligence
before submission to the court.
‘‘(b) DECENNIAL
REVIEW
OF
EXEMPTED
OPER-
ATIONAL FILES.—(1) Not less than once every 10 years, the
Director of the National Security Agency and the Director
of Central Intelligence shall review the exemptions in force
under subsection (a)(1) to determine whether such exemp-
tions may be removed from a category of exempted files or
any portion thereof. The Director of Central Intelligence
must approve any determination to remove such exemp-
tions.
‘‘(2) The review required by paragraph (1) shall in-
clude consideration of the historical value or other public
interest in the subject matter of a particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
‘‘(3) A complainant that alleges that NSA has improp-
erly withheld records because of failure to comply with this
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subsection may seek judicial review in the district court of
the United States of the district in which any of the parties
reside, or in the District of Columbia. In such a proceeding,
the court’s review shall be limited to determining the fol-
lowing:
‘‘(A) Whether NSA has conducted the review re-
quired by paragraph (1) before the expiration of the
10-year period beginning on the date of the enactment
of the Intelligence Authorization Act for Fiscal Year
2004 or before the expiration of the 10-year period be-
ginning on the date of the most recent review.
‘‘(B) Whether NSA, in fact, considered the cri-
teria set forth in paragraph (2) in conducting the re-
quired review.’’.
(c) CONFORMING AMENDMENTS.—(1) Section 701(b) of
the National Security Act of 1947 (50 U.S.C. 431(b)) is
amended by striking ‘‘For purposes of this title’’ and insert-
ing ‘‘In this section and section 702,’’.
(2) Section 702(c) of such Act (50 U.S.C. 432(c)) is
amended by striking ‘‘enactment of this title’’ and inserting
‘‘October 15, 1984,’’.
(3)(A) The title heading for title VII of such Act is
amended to read as follows:
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‘‘TITLE VII—PROTECTION OF OPERATIONAL
FILES’’.
(B) The section heading for section 701 of such Act
is amended to read as follows:
‘‘PROTECTION OF OPERATIONAL FILES OF THE CENTRAL
INTELLIGENCE AGENCY’’.
(C) The section heading for section 702 of such Act
is amended to read as follows:
‘‘DECENNIAL REVIEW OF EXEMPTED CENTRAL
INTELLIGENCE AGENCY OPERATIONAL FILES’’.
(d) CLERICAL AMENDMENTS.—The table of contents
for the National Security Act of 1947 is amended—
(1) by striking the items relating to sections
105C and 105D; and
(2) by striking the items relating to title VII and
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.’’.
SEC. 502. PROTECTION OF CERTAIN NATIONAL SECURITY
AGENCY PERSONNEL FROM TORT LIABILITY.
Section 11 of the National Security Agency Act of 1959
(50 U.S.C. 402 note) is amended by adding at the end the
following new subsection:
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‘‘(d)(1) Notwithstanding any other provision of law,
agency personnel designated by the Director of the National
Security Agency under subsection (a) shall be considered
for purposes of chapter 171 of title 28, United States Code,
or any other provision of law relating to tort liability, to
be acting within the scope of their office or employment
when such agency personnel take reasonable action, which
may include the use of force, to—
‘‘(A) protect an individual in the presence of
such agency personnel from a crime of violence;
‘‘(B) provide immediate assistance to an indi-
vidual who has suffered or who is threatened with
bodily harm; or
‘‘(C) prevent the escape of any individual whom
such agency personnel reasonably believe to have com-
mitted a crime of violence in the presence of such
agency personnel.
‘‘(2) Paragraph (1) shall not affect the authorities of
the Attorney General under section 2679(d)(1) of title 28,
United States Code.
‘‘(3) In this subsection, the term ‘crime of violence’ has
the meaning given that term in section 16 of title 18,
United States Code.’’.
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SEC. 
503. 
USE 
OF 
FUNDS 
FOR 
COUNTERDRUG 
AND
COUNTERTERRORISM ACTIVITIES FOR CO-
LOMBIA.
(a) AUTHORITY.—Funds designated for intelligence or
intelligence-related purposes for assistance to the Govern-
ment of Colombia for counterdrug activities for fiscal year
2004 or 2005, and any unobligated funds available to any
element of the intelligence community for such activities for
a prior fiscal year, shall be available—
(1) to support a unified campaign against nar-
cotics trafficking and against activities by organiza-
tions designated as terrorist organizations (such as
the Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), and the United
Self-Defense Forces of Colombia (AUC)); and
(2) to take actions to protect human health and
welfare in emergency circumstances, including under-
taking rescue operations.
(b) TERMINATION OF AUTHORITY.—The authority pro-
vided in subsection (a) shall cease to be effective if the Sec-
retary of Defense has credible evidence that the Colombian
Armed Forces are not conducting vigorous operations to re-
store government authority and respect for human rights
in areas under the effective control of paramilitary and
guerrilla organizations.
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(c) APPLICATION OF CERTAIN PROVISIONS OF LAW.—
Sections 556, 567, and 568 of Public Law 107–115, section
8093 of the Department of Defense Appropriations Act,
2002, and the numerical limitations on the number of
United States military personnel and United States indi-
vidual civilian contractors in section 3204(b)(1) of Public
Law 106–246 shall be applicable to funds made available
pursuant to the authority contained in subsection (a).
(d) LIMITATION
ON
PARTICIPATION
OF
UNITED
STATES PERSONNEL.—No United States Armed Forces per-
sonnel or United States civilian contractor employed by the
United States will participate in any combat operation in
connection with assistance made available under this sec-
tion, except for the purpose of acting in self defense or res-
cuing any United States citizen to include United States
Armed Forces personnel, United States civilian employees,
and civilian contractors employed by the United States.
SEC. 504. SCENE VISUALIZATION TECHNOLOGIES.
Of the amount authorized to be appropriated by this
Act, $2,500,000 shall be available for the National Imagery
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and Mapping Agency (NIMA) for scene visualization tech-
nologies.
Attest:
Secretary.