H. R. 2417—21
(2) identify the proposal or proposals determined by the
heads of the elements of the intelligence community most likely
to meet the purpose described in that subsection; and
(3) include such recommendations for such legislative or
administrative action as the heads of the elements of the intel-
ligence community consider appropriate to implement the pro-
posal or proposals identified 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 Congress’’ means—
(A) the Select Committee on Intelligence and the
Committees on Armed Services, Governmental Affairs, and
the Judiciary of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committees on Armed Services, Government
Reform, and the Judiciary of the House of Representatives.
(2) The term ‘‘elements of the intelligence community’’
means the elements of the intelligence community set forth
in or designated under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
(3) The term ‘‘heads of the elements of the intelligence
community’’ includes the Secretary of Defense with respect
to each element of the intelligence community within the
Department of Defense or the military departments.
SEC. 354. REPORT ON MODIFICATIONS OF POLICY AND LAW ON CLASSI-
FIED 
INFORMATION 
TO 
FACILITATE 
SHARING 
OF
INFORMATION FOR NATIONAL SECURITY PURPOSES.
(a) REPORT.—Not later than four months after the date of
the enactment of this Act, the President shall submit to the appro-
priate 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 vertically
between the Federal Government and agencies of State and
local governments and the private sector, for national security
purposes, including homeland security; and
(2) proposes appropriate modifications of policy, law, and
regulations to eliminate such impediments in order to facilitate
such sharing of classified information for national security pur-
poses, including homeland security.
(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 classified information
impedes the sharing of classified information; and
(2) consider the extent to which the utilization of a data-
base-based approach, or other electronic approach, to the protec-
tion of classified information might facilitate the sharing of
classified information.
(c) COORDINATION WITH OTHER INFORMATION SHARING ACTIVI-
TIES.—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.).
H. R. 2417—22
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Select Committee on Intelligence and the Commit-
tees on Armed Services, Governmental Affairs, and the
Judiciary of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Select Committee on Homeland Security, and the Committees
on Armed Services and the Judiciary of the House of Represent-
atives.
SEC. 355. REPORT ON STRATEGIC 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 Congress a report that
assesses progress in the following:
(1) The development by the Department of Defense and
the intelligence community of a comprehensive and uniform
analytical capability to assess the utility and advisability of
various sensor and platform architectures and capabilities for
the collection of intelligence.
(2) The improvement of coordination between the Depart-
ment and the intelligence community on strategic and budg-
etary planning.
(b) FORM.—The report under subsection (a) may be submitted
in classified form.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—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 Intelligence and
the Committee on Armed Services of the House of Representa-
tives.
SEC. 356. REPORT ON UNITED STATES DEPENDENCE ON COMPUTER
HARDWARE AND SOFTWARE MANUFACTURED OVERSEAS.
(a) REPORT.—Not later than February 15, 2004, the Director
of Central Intelligence shall submit to the appropriate committees
of Congress a report on the extent of United States dependence
on computer hardware or software that is manufactured overseas.
(b) ELEMENTS.—The report under subsection (a) shall address
the following:
(1) The extent to which the United States currently depends
on computer hardware or software that is manufactured over-
seas.
(2) The extent to which United States dependence, if any,
on such computer hardware or software is increasing.
(3) The vulnerabilities of the national security and economy
of the United States as a result of United States dependence,
if any, on such computer hardware or software.
(4) Any other matters relating to United States dependence,
if any, on such computer hardware or software that the Director
considers appropriate.
(c) CONSULTATION WITH PRIVATE SECTOR.—(1) In preparing
the report under subsection (a), the Director may consult, and
is encouraged to consult, with appropriate persons and entities
in the computer hardware or software industry and with other
appropriate persons and entities in the private sector.
H. R. 2417—23
(2) Consultations of the Director with persons or entities under
paragraph (1) shall not be treated as the activities of an advisory
committee for purposes of the Federal Advisory Committee Act
(5 U.S.C. App.).
(d) FORM.—(1) The report under subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex.
(2) The report may be in the form of a National Intelligence
Estimate.
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—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 Intelligence and
the Committee on Armed Services of the House of Representa-
tives.
SEC. 357. REPORT ON LESSONS LEARNED FROM MILITARY OPER-
ATIONS IN IRAQ.
(a) REPORT.—As soon as possible, but not later than one year
after the date of the enactment of this Act, the Director of Central
Intelligence shall submit to the appropriate committees of Congress
a report on the intelligence lessons learned as a result of Operation
Iraqi Freedom, including lessons relating to the following:
(1) The tasking, collection, processing, exploitation, anal-
ysis, and dissemination of intelligence.
(2) The accuracy, timeliness, and objectivity of intelligence
analysis.
(3) The intelligence support available to policymakers and
members of the Armed Forces in combat.
(4) The coordination of intelligence activities and operations
with military operations.
(5) The strengths and limitations of intelligence systems
and equipment.
(6) Such other matters as the Director considers appro-
priate.
(b) RECOMMENDATIONS.—The report under subsection (a) shall
include such recommendations on improvement in the matters
described in subsection (a) as the Director considers appropriate.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Permanent Select Committee on Intelligence and
the Committee on Armed Services of the House of Representa-
tives; and
(2) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
SEC. 358. REPORTS ON CONVENTIONAL WEAPONS AND AMMUNITION
OBTAINED BY IRAQ IN VIOLATION OF CERTAIN UNITED
NATIONS SECURITY COUNCIL RESOLUTIONS.
(a) PRELIMINARY REPORT.—Not later than 90 days after the
date of the enactment of this Act, the Director of the Defense
Intelligence Agency shall, after such consultation with the Secretary
of State and the Attorney General as the Director considers appro-
priate, submit to the appropriate committees of Congress a prelimi-
nary 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
H. R. 2417—24
resolutions of the United Nations Security Council adopted since
the invasion of Kuwait by Iraq in August 1990.
(b) FINAL REPORT.—(1) Not later than one year after the date
of the enactment of this Act, the Director shall submit to the
appropriate committees of Congress a final report on the informa-
tion described 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 shipment 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 DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Select Committee on Intelligence and the Commit-
tees on Armed Services and Foreign Relations of the Senate;
and
(2) the Permanent Select Committee on Intelligence and
the Committees on Armed Services and International Relations
of the House of Representatives.
SEC. 359. REPORT ON OPERATIONS OF DIRECTORATE OF INFORMA-
TION ANALYSIS AND INFRASTRUCTURE PROTECTION
AND TERRORIST THREAT INTEGRATION CENTER.
(a) REPORT REQUIRED.—The President shall submit to the
appropriate committees of Congress a report on the operations
of the Directorate of Information Analysis and Infrastructure
Protection of the Department of Homeland Security and the Ter-
rorist Threat Integration Center. The report shall include the fol-
lowing:
(1) An assessment of the operations of the Directorate
and the Center, including the capabilities of each—
(A) to meet personnel requirements, including require-
ments to employ qualified analysts, and the status of efforts
to employ qualified analysts;
(B) to share intelligence information with the other
elements of the intelligence community, including the
sharing of intelligence information through secure informa-
tion technology connections between the Directorate, the
Center, and the other elements of the intelligence commu-
nity;
(C) to disseminate intelligence information, or analyses
of intelligence information, to other departments and agen-
cies of the Federal Government and, as appropriate, to
State and local governments;
(D) to coordinate with State and local counterterrorism
and law enforcement officials;
(E) to receive information from Federal, State, and
local officials, and private sector entities, relating to the
respective responsibilities and authorities of the Directorate
and the Center; and
(F) to access information, including intelligence and
law enforcement information, from the departments and
H. R. 2417—25
agencies of the Federal Government, including the ability
of the Directorate to access, in a timely and efficient
manner, all information authorized by section 202 of the
Homeland Security Act of 2002 (Public Law 107–296; 6
U.S.C. 122).
(2) An assessment of the ability of the Center to fulfill
the responsibilities assigned to it by the President given its
structure, authorities, current assets, and capabilities.
(3) An assessment of the ability of the Directorate to fulfill
the responsibilities set forth in section 201 of the Homeland
Security Act of 2002 (6 U.S.C. 121) given its current assets
and capabilities.
(4) A plan of action (including appropriate milestones,
funding, and sources of funding) for bringing the Center to
its full operational capacity 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.
(5) A delineation of the responsibilities and duties of the
Directorate and of the responsibilities and duties of the Center.
(6) A delineation and summary of the areas in which the
responsibilities and duties of the Directorate, the Center, and
other elements of the Federal Government overlap.
(7) An assessment of whether the areas of overlap, if any,
delineated under paragraph (6) represent an inefficient utiliza-
tion of resources.
(8) A description of the policies and procedures to ensure
that the Directorate and the Center comply with the Constitu-
tion and applicable statutes, Executive orders, and regulations
of the United States.
(9) The practical impact, if any, of the operations of the
Center on individual liberties and privacy.
(10) Such information as the President considers appro-
priate to explain the basis for the establishment 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 of Homeland Security through the Under Sec-
retary of Homeland Security for Information Analysis and Infra-
structure 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 sub-
mitted in unclassified form, but may include a classified annex.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Select Committee on Intelligence and the Commit-
tees on Governmental Affairs, the Judiciary, and Appropria-
tions of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Select Committee on Homeland Security, and the Committees
on the Judiciary and Appropriations of the House of Represent-
atives.
SEC. 360. REPORT ON TERRORIST SCREENING CENTER.
(a) REPORT.—Not later than September 16, 2004, the President
shall submit to Congress a report on the establishment and oper-
ation of the Terrorist Screening Center, established on September
H. R. 2417—26
16, 2003, by Homeland Security Presidential Directive 6, including
the matters described in subsection (b).
(b) COVERED MATTERS.—The matters referred to in subsection
(a) are the following:
(1) An analysis of the operations of the Terrorist Screening
Center to ensure that the Terrorist Screening Center does
not violate the Constitution, or any statute, Executive order,
or regulation of the United States.
(2) A description of the architecture of the database system
of the Terrorist Screening Center, including the number of
databases maintained, operated, or administered by the Ter-
rorist Screening Center, and the extent to which these data-
bases have been integrated.
(3) A determination of whether data from all watch lists
detailed in the April 2003 report of the Comptroller General
of the United States, entitled ‘‘Information Technology: Ter-
rorist Watch Lists Should be Consolidated to Promote Better
Integration and Sharing’’, have been incorporated into the Ter-
rorist Screening Center database system.
(4) A determination of whether there remain any relevant
databases that are not yet part of the Terrorist Screening
Center database system.
(5) A schedule that specifies the dates on which each Fed-
eral watch list database identified in the report referred to
in paragraph (3), or determined under paragraph (4) to be
not yet part of the Terrorist Screening Center database system,
were, or will be, integrated into the Terrorist Screening Center
database system.
(6) A description of the protocols in effect to ensure the
protection of classified and sensitive information contained in
the Terrorist Screening Center database system.
(7) A description of—
(A) the process by which databases in the Terrorist
Screening Center database system are reviewed for
accuracy and timeliness of data and the frequency of
updates of such reviews; and
(B) the mechanism used to ensure that data within
a particular database is synchronized and replicated
throughout the database system of the Terrorist Screening
Center.
(8) A description of the extent to which the Terrorist
Screening Center makes information available to the private
sector and critical infrastructure components, and the criteria
for determining which private sector and critical infrastructure
components receive that information.
(9) The number of individuals listed in the Terrorist
Screening Center database system.
(10) The estimated operating budget of, and sources of
funding for, the Terrorist Screening Center for each of fiscal
years 2004, 2005, and 2006.
(11) An assessment of the impact of the Terrorist Screening
Center on current law enforcement systems.
(12) The practical impact, if any, of the operations of the
Terrorist Screening Center on individual liberties and privacy.
(13) Such recommendations as the President considers
appropriate for modifications of law or policy to ensure the
continuing operation of the Terrorist Screening Center.
H. R. 2417—27
(c) FORM OF REPORT.—The report required by subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 361. REPEAL AND MODIFICATION OF REPORT REQUIREMENTS
RELATING TO INTELLIGENCE ACTIVITIES.
(a) ANNUAL EVALUATION OF PERFORMANCE AND RESPONSIVE-
NESS 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
REPORTS
ON
DISCLOSURE
OF
INTELLIGENCE
INFORMATION TO UNITED NATIONS.—Section 112(b) of the National
Security Act of 1947 (50 U.S.C. 404g(b)(1)) is amended—
(1) in the subsection caption, by striking ‘‘PERIODIC’’ and
inserting ‘‘ANNUAL’’;
(2) in paragraph (1), by striking ‘‘semiannually’’ and
inserting ‘‘annually’’; and
(3) in paragraph (3), by striking ‘‘periodic’’ and inserting
‘‘the annual’’.
(c) ANNUAL REPORT ON INTELLIGENCE COMMUNITY COOPERA-
TION 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 sub-
sections (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).
(e) ANNUAL REPORT ON CERTAIN FOREIGN COMPANIES INVOLVED
IN PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.—Section
827 of the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107–306; 116 Stat. 2430; 50 U.S.C. 404n–3) is repealed.
(f) ANNUAL REPORT ON INTELLIGENCE ACTIVITIES OF PEOPLE’S
REPUBLIC OF CHINA.—Section 308 of the Intelligence Authorization
Act for Fiscal Year 1998 (Public Law 105–107; 111 Stat. 2253;
50 U.S.C. 402a note) is repealed.
(g) ANNUAL REPORT
ON COORDINATION
OF COUNTERINTEL-
LIGENCE MATTERS WITH FBI.—Section 811(c) of the Counterintel-
ligence 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.
(h) ANNUAL REPORT
ON POSTEMPLOYMENT ASSISTANCE
FOR
TERMINATED INTELLIGENCE EMPLOYEES.—Section 1611 of title 10,
United States Code, is amended by striking subsection (e).
(i) ANNUAL REPORT ON ACTIVITIES OF FBI PERSONNEL OUTSIDE
THE UNITED STATES.—Section 540C of title 28, United States Code,
is repealed.
(j) ANNUAL REPORT ON EXCEPTIONS TO CONSUMER DISCLOSURE
REQUIREMENTS FOR NATIONAL SECURITY INVESTIGATIONS.—Section
604(b)(4) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(4))
is amended—
(1) by striking subparagraphs (D) and (E); and
H. R. 2417—28
(2) by redesignating subparagraph (F) as subparagraph
(D).
(k) REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO
WEAPONS OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL
MUNITIONS.—Subsection (b)(1) of section 721 of the Intelligence
Authorization Act for Fiscal Year 1997 (Public Law 104–293; 50
U.S.C. 2366) is amended by striking ‘‘a semiannual’’ and inserting
‘‘an annual’’.
(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), (G), (I), (J),
and (L);
(ii) by redesignating subparagraphs (B), (D), (E),
(H), (K), (M), and (N) as subparagraphs (A), (C), (D),
(G), (H), and (I), respectively;
(iii) by inserting after subparagraph (A), as so
redesignated, the following new subparagraph (B):
‘‘(B) The annual report on intelligence provided to the
United Nations required by section 112(b)(1).’’; and
(iv) by inserting after subparagraph (D), as so
redesignated, the following new subparagraph (E):
‘‘(E) The annual report on the acquisition of technology
relating to weapons of mass destruction and advanced conven-
tional munitions required by section 721 of the Intelligence
Authorization Act for Fiscal Year 1997 (Public Law 104–293;
50 U.S.C. 2366).’’; and
(B) in paragraph (2)—
(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 paragraphs (1) and (4); and
(B) by redesignating paragraphs (2), (3), (5), (6), (7),
and (8) as paragraphs (1), (2), (3), (4), (5), and (6), respec-
tively.
(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 28, UNITED STATES CODE.—The table of sections
at the beginning of chapter 33 of title 28, United States Code,
is amended by striking the item relating to section 540C.
(n) EFFECTIVE DATE.—The amendments made by this section
shall take effect on December 31, 2003.
H. R. 2417—29
Subtitle E—Other Matters
SEC. 371. EXTENSION OF SUSPENSION OF REORGANIZATION OF DIPLO-
MATIC 
TELECOMMUNICATIONS 
SERVICE 
PROGRAM
OFFICE.
Section 311 of the Intelligence Authorization Act for Fiscal
Year 2002 (Public Law 107–108; 22 U.S.C. 7301 note) is amended—
(1) in the heading, by striking ‘‘TWO-YEAR’’ before ‘‘SUSPEN-
SION OF REORGANIZATION’’; 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’’.
SEC. 372. MODIFICATIONS OF AUTHORITIES ON EXPLOSIVE MATE-
RIALS.
(a) CLARIFICATION
OF ALIENS AUTHORIZED TO DISTRIBUTE
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 Treaty Organiza-
tion (NATO) or other friendly foreign military force, as
determined by the Attorney General in consultation with
the Secretary of Defense, who is present in the United
States under military orders for training or other military
purpose authorized by the United States and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the authorized military purpose; or
‘‘(D) is lawfully present in the United States in coopera-
tion with the Director of Central Intelligence, and the
shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;’’.
(b) CLARIFICATION
OF ALIENS AUTHORIZED TO POSSESS
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 Treaty Organiza-
tion (NATO) or other friendly foreign military force, as
determined by the Attorney General in consultation with
the Secretary of Defense, who is present in the United
States under military orders for training or other military
purpose authorized by the United States and the shipping,
transporting, possession, or receipt of explosive materials
is in furtherance of the authorized military purpose; or
H. R. 2417—30
‘‘(D) is lawfully present in the United States in coopera-
tion with the Director of Central Intelligence, and the
shipment, transportation, receipt, or possession of the
explosive materials is in furtherance of such cooperation;’’.
SEC. 373. MODIFICATION OF PROHIBITION ON THE NATURALIZATION
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. 374. MODIFICATION TO DEFINITION OF FINANCIAL INSTITUTION
IN RIGHT TO FINANCIAL PRIVACY ACT.
(a) MODIFICATION OF DEFINITION.—Section 1114 of the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended
by adding at the end the following:
‘‘(d) For purposes of this section, and sections 1115 and 1117
insofar as they relate to the operation of this section, the term
‘financial institution’ has the same meaning as in subsections (a)(2)
and (c)(1) of section 5312 of title 31, United States Code, except
that, for purposes of this section, such term shall include only
such a financial 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, the Commonwealth of the
Northern Mariana Islands, or the United States Virgin Islands.’’.
(b) CROSS REFERENCE MODIFICATION.—Section 1101(1) of such
Act (12 U.S.C. 3401(1)) is amended by inserting ‘‘, except as provided
in section 1114,’’ before ‘‘means any office’’.
SEC. 375. COORDINATION OF FEDERAL GOVERNMENT RESEARCH ON
SECURITY EVALUATIONS.
(a) WORKSHOPS
FOR
COORDINATION
OF
RESEARCH.—The
National Science Foundation and the Office of Science and Tech-
nology Policy shall jointly sponsor not less than two workshops
on the coordination of Federal Government research on the use
of behavioral, psychological, and physiological 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 sponsored under
subsection (a) are as follows:
(1) To provide a forum for cataloging and coordinating
federally funded research activities relating to the development
of new techniques in the behavioral, psychological, or physio-
logical assessment of individuals to be used in security evalua-
tions.
(2) To develop a research agenda for the Federal Govern-
ment on behavioral, psychological, and physiological assess-
ments of individuals, including an identification of the research
most likely to advance the understanding of the use of such
assessments of individuals in security evaluations.
(3) To distinguish between short-term and long-term areas
of research on behavioral, psychological, and physiological
H. R. 2417—31
assessments of individuals in order to maximize the utility
of short-term and long-term research on such assessments.
(4) To identify the Federal agencies best suited to support
research on behavioral, psychological, and physiological assess-
ments 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 National
Science Foundation and the Office of Science and Technology Policy
in carrying out the activities of the workshops sponsored under
subsection (a), there is hereby established an interagency advisory
group with respect to such workshops.
(2) The advisory group shall be composed of the following:
(A) A representative of the Social, Behavioral, and Eco-
nomic 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 Investigation,
or a designee of the Director.
(J) The National Counterintelligence Executive, or a des-
ignee of the National Counterintelligence Executive.
(K) Any other official assigned to the advisory group by
the President for purposes of this section.
(3) The members of the advisory group under subparagraphs
(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 advisory
committee for purposes of the Federal Advisory Committee Act
(5 U.S.C. App.).
(e) FOIA EXEMPTION.—All files of the National Science Founda-
tion and the Office of Science and Technology Policy for purposes
of administering this section, including any files of a Federal, State,
or local department or agency or of a private sector entity provided
to or utilized by a workshop or advisory group under this section,
shall be exempt from the provisions of section 552 of title 5, United
States Code, that require publication, disclosure, search, or review
in connection therewith.
(f) REPORT.—Not later than March 1, 2004, the National Science
Foundation and the Office of Science and Technology Policy shall
jointly submit to 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 activities.
H. R. 2417—32
(g) FUNDING.—(1) Of the amount authorized to be appropriated
for the Intelligence Community Management Account by section
104(a), $500,000 shall be available to the National Science Founda-
tion 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.
SEC. 376. TREATMENT OF CLASSIFIED INFORMATION IN MONEY LAUN-
DERING CASES.
Section 5318A of title 31, United States Code, is amended
by adding at the end the following:
‘‘(f) CLASSIFIED INFORMATION.—In any judicial review of a
finding of the existence of a primary money laundering concern,
or of the requirement for 1 or more special measures with respect
to a primary money laundering concern, made under this section,
if the designation or imposition, or both, were based on classified
information (as defined in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.), such information may be submitted
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 any requirement imposed under this sec-
tion.’’.
SEC. 377. TECHNICAL AMENDMENTS.
(a) NATIONAL SECURITY ACT OF 1947.—Section 112(d)(1) of the
National Security Act of 1947 (50 U.S.C. 404g(d)(1)) is amended
by striking ‘‘section 103(c)(6)’’ and inserting ‘‘section 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))’’.
(3) Section 15 of that Act (50 U.S.C. 403o) is amended—
(A) in subsection (a)(1), by striking ‘‘special policemen of
the General Services Administration perform under the first
section of the Act entitled ‘An Act to authorize the Federal
Works Administrator or officials of the Federal Works Agency
duly authorized by him to appoint special policeman for duty
upon Federal 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 Department of Homeland
Security, as provided in section 1315(b)(2) of title 40, United
States Code,’’; and
(B) in subsection (b), by striking ‘‘the fourth section of
the Act referred to in subsection (a) of this section (40 U.S.C.
318c)’’ and inserting ‘‘section 1315(c)(2) of title 40, United States
Code’’.
(c) NATIONAL SECURITY AGENCY ACT OF 1959.—Section 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 policemen of
the General Services Administration perform under the first
section of the Act entitled ‘An Act to authorize the Federal
Works Administrator or officials of the Federal Works Agency
H. R. 2417—33
duly authorized by him to appoint special policeman for duty
upon Federal 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 Department of Homeland
Security, as provided in section 1315(b)(2) of title 40, United
States Code,’’; and
(2) in subsection (b), by striking ‘‘the fourth section 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’’.
(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) FEDERAL INFORMATION 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’’.
(f) 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))’’.
TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. AMENDMENT TO CERTAIN CENTRAL INTELLIGENCE 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 by inserting ‘‘, other than regula-
tions under paragraph (1),’’ after ‘‘Regulations’’.
SEC. 402. PROTECTION OF CERTAIN CENTRAL INTELLIGENCE 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:
‘‘(d)(1) Notwithstanding any other provision of law, any Agency
personnel designated by the Director under subsection (a), or des-
ignated by the Director under section 5(a)(4) to carry firearms
for the protection of current or former Agency personnel and their
immediate families, defectors and their immediate families, and
other persons in the United States under Agency auspices, 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
H. R. 2417—34
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 individual 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 committed 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 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.’’.
SEC. 403. REPEAL OF OBSOLETE LIMITATION ON USE OF FUNDS IN
CENTRAL SERVICES WORKING CAPITAL 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) Subject to subpara-
graph (B), the Director’’ and inserting ‘‘The Director’’; and
(2) by striking subparagraph (B).
SEC. 404. PURCHASES BY CENTRAL INTELLIGENCE AGENCY OF PROD-
UCTS OF FEDERAL PRISON INDUSTRIES.
Notwithstanding section 4124 of title 18, United States Code,
purchases by the Central Intelligence Agency from Federal Prison
Industries shall be made only if the Director of Central Intelligence
determines that the product or service to be purchased from Federal
Prison Industries best meets the needs of the Agency.
SEC. 405. POSTPONEMENT OF CENTRAL INTELLIGENCE AGENCY COM-
PENSATION REFORM AND OTHER MATTERS.
(a) POSTPONEMENT OF COMPENSATION REFORM PLAN.—Section
402(a)(2) of the Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107–306; 116 Stat. 2403; 50 U.S.C. 403–4 note) is
amended by striking ‘‘February 1, 2004,’’ and all that follows
through the end and inserting ‘‘the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2005.’’.
(b) CONTRIBUTION BY CIA EMPLOYEES OF CERTAIN BONUS PAY
TO THRIFT SAVINGS PLAN.—
(1) CIVIL SERVICE RETIREMENT SYSTEM PARTICIPANTS.—Sec-
tion 8351(d) of title 5, United States Code, is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2)(A) Only those employees of the Central Intelligence Agency
participating in the pilot project required by section 402(b) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107–306; 50 U.S.C. 403–4 note) and 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.
‘‘(B) Contributions under this paragraph are subject to section
8432(d) of this title.’’.
(2) FEDERAL
EMPLOYEES’ RETIREMENT
SYSTEM
PARTICI-
PANTS.—Section 8432 of title 5, United States Code, is amended
by adding at the end the following new subsection: