H. R. 2417—35
‘‘(k)(1) 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.
‘‘(2) Contributions under this subsection are subject to sub-
section (d).
‘‘(3) For purposes of subsection (c), basic pay of an employee
of the Central Intelligence Agency participating in the pilot project
referred to in paragraph (1) shall include bonus pay received by
the employee as part of the pilot project.’’.
(c) REPORT.—(1) The Director of Central Intelligence shall
submit to the congressional intelligence committees a report on
the amount of compensation (including basic pay, bonuses, and
employer contributions to the Thrift Savings Plan) of each employee
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; 116 Stat. 2403; 50
U.S.C. 403–4 note), and on the amount that each such employee
would have received had such employee received compensation
under the existing system of compensation used by the Agency.
(2) The report required by paragraph (1) shall be submitted
together with the report required by paragraph (3) of such section
402(b).
(3) In this subsection, the term ‘‘congressional intelligence
committees’’ has the meaning given that term in section 402(d)
of the Intelligence Authorization Act for Fiscal Year 2003.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE MATTERS
SEC. 501. 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:
‘‘(d)(1) Notwithstanding any other provision of law, agency per-
sonnel 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 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.
H. R. 2417—36
‘‘(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. 
502. 
USE 
OF 
FUNDS 
FOR 
COUNTERDRUG 
AND
COUNTERTERRORISM ACTIVITIES FOR COLOMBIA.
(a) AUTHORITY.—Funds designated for intelligence or intel-
ligence-related purposes for assistance to the Government of
Colombia for counterdrug activities for fiscal year 2004, 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 by the Government of
Colombia against narcotics trafficking and against activities
by organizations 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 undertaking rescue oper-
ations.
(b) APPLICABILITY OF CERTAIN LAWS AND LIMITATIONS.—The
use of funds pursuant to the authority in subsection (a) shall
be subject to the following:
(1) Sections 556, 567, and 568 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2002 (Public Law 107–115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8077 of the Department of Defense Appropria-
tions Act, 2004 (Public Law 108–87; 117 Stat. 1090).
(3) The numerical limitations on the number of United
States military personnel and United States individual civilian
contractors in section 3204(b)(1) of the Emergency Supple-
mental Act, 2000 (division B of Public Law 106–246; 114 Stat.
575), as amended by the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2002 (115 Stat.
2131).
(c) LIMITATION
ON PARTICIPATION
OF UNITED STATES PER-
SONNEL.—No United States Armed Forces personnel or United
States civilian contractor employed by the United States Armed
Forces will participate in any combat operation in connection with
assistance made available under this section, except for the purpose
of acting in self defense or during the course of search and rescue
operations for United States citizens.
SEC. 503. SCENE VISUALIZATION TECHNOLOGIES.
Of the amount authorized to be appropriated by this Act,
$2,500,000 shall be available for the National Geospatial-Intel-
ligence Agency (NGA) for scene visualization technologies.
SEC. 504. MEASUREMENT AND SIGNATURES INTELLIGENCE RESEARCH
PROGRAM.
(a) RESEARCH PROGRAM.—(1) The Secretary of Defense and
the Director of Central Intelligence shall jointly carry out a program
to incorporate the results of basic research on sensors into the
measurement and signatures intelligence systems of the United
States, to the extent the results of such research are applicable
to such systems.
H. R. 2417—37
(2) In carrying out paragraph (1), the Secretary of Defense
and the Director of Central Intelligence shall act through the
Director of the Defense Intelligence Agency’s Directorate for
MASINT and Technical Collection (hereinafter in this section
referred to as the ‘‘Director’’).
(b) PROGRAM COMPONENTS.—The program under subsection (a)
shall review and assess basic research on sensors and technologies
conducted both by the United States Government and by non-
governmental entities. In carrying out the program, the Director
shall protect intellectual property rights, maintain organizational
flexibility, and establish research projects, funding levels, and poten-
tial benefits in an equitable manner through the Directorate.
(c) ADVISORY PANEL.—(1) The Director shall establish an
advisory panel to assist the Director in carrying out the program
under subsection (a).
(2) The advisory panel shall be headed by the Director who
shall determine the selection, review, and assessment of the
research projects under the program.
(3)(A) The Director shall appoint as members of the advisory
panel representatives of each entity of the MASINT community,
and may appoint as such members representatives of national lab-
oratories, universities, and private sector entities.
(B) For purposes of this subsection the term ‘‘MASINT commu-
nity’’ means academic, professional, industrial, and government
entities that are committed towards the advancement of the sciences
in measurement and signatures intelligence.
(C) The term for a member of the advisory panel shall be
established by the Director, but may not exceed a period of 5
consecutive years.
(D) Members of the advisory panel may not receive additional
pay, allowances, or benefits by reason of their service on the
advisory panel, but may receive per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(4) The Director may accept contributions from non-govern-
mental participants on the advisory panel to defray the expenses
of the advisory panel.
(5) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the activities of the advisory panel established under
this subsection.
(d) FOIA EXEMPTION.—All files in the possession of the Defense
Intelligence Agency for purposes of administering the program
under 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 the program, 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.
SEC. 505. AVAILABILITY OF FUNDS OF NATIONAL SECURITY AGENCY
FOR NATIONAL SECURITY SCHOLARSHIPS.
(a) AVAILABILITY OF FUNDS.—Any funds authorized to be appro-
priated for the National Security Agency for a fiscal year after
fiscal year 2003 may be made available to the Independent College
Fund of Maryland (also known as the ‘‘I-Fund’’) for the purpose
of the establishment and provision of national security scholarships
to the extent such funds are specifically authorized for that purpose.
H. R. 2417—38
(b) MECHANISMS OF AVAILABILITY.—Funds may be made avail-
able to the Independent College Fund of Maryland under subsection
(a) by grant, contract, cooperative agreement, or such other appro-
priate mechanisms as the Director of the National Security Agency
considers appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.