H. R. 2417
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To authorize appropriations for fiscal year 2004 for intelligence and intelligence-
related activities of the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and Disability System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence
Authorization Act for Fiscal Year 2004’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Office of Intelligence and Analysis of the Department of the Treasury.
Sec. 106. Incorporation of reporting requirements.
Sec. 107. Preparation and submittal of reports, reviews, studies, and plans relating
to intelligence activities of Department of Defense or Department of
Energy.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Subtitle A—Recurring General Provisions
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Subtitle B—Intelligence
Sec. 311. Authority of Federal Bureau of Investigation to award personal services
contracts.
Sec. 312. Budget treatment of costs of acquisition of major systems by the intel-
ligence community.
Sec. 313. Modification of sunset of application of sanctions laws to intelligence
activities.
Sec. 314. Modification of notice and wait requirements on projects to construct or
improve intelligence community facilities.
Sec. 315. Extension of deadline for final report of the National Commission for the
Review of the Research and Development Programs of the United States
Intelligence Community.
Sec. 316. Improvement of information sharing among Federal, State, and local
government officials.
Sec. 317. Pilot program on analysis of signals and other intelligence by intelligence
analysts of various elements of the intelligence community.
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Sec. 318. Pilot program on recruitment and training of intelligence analysts.
Sec. 319. Improvement of equality of employment opportunities in the intelligence
community.
Sec. 320. Sense of Congress on recruitment as intelligence community personnel of
members of the Armed Forces on their discharge or release from duty.
Sec. 321. External Collection Capabilities and Requirements Review Panel.
Subtitle C—Counterintelligence
Sec. 341. Counterintelligence initiatives for the intelligence community.
Subtitle D—Reports
Sec. 351. Report on cleared insider threat to classified computer networks.
Sec. 352. Report on security background investigations and security clearance pro-
cedures of the Federal Government.
Sec. 353. Report on detail of civilian intelligence personnel among elements of the
intelligence community and the Department of Defense.
Sec. 354. Report on modifications of policy and law on classified information to fa-
cilitate sharing of information for national security purposes.
Sec. 355. Report on strategic planning.
Sec. 356. Report on United States dependence on computer hardware and software
manufactured overseas.
Sec. 357. Report on lessons learned from military operations in Iraq.
Sec. 358. Reports on conventional weapons and ammunition obtained by Iraq in
violation of certain United Nations Security Council resolutions.
Sec. 359. Report on operations of Directorate of Information Analysis and Infra-
structure Protection and Terrorist Threat Integration Center.
Sec. 360. Report on Terrorist Screening Center.
Sec. 361. Repeal and modification of report requirements relating to intelligence ac-
tivities.
Subtitle E—Other Matters
Sec. 371. Extension of suspension of reorganization of Diplomatic Telecommuni-
cations Service Program Office.
Sec. 372. Modifications of authorities on explosive materials.
Sec. 373. Modification of prohibition on the naturalization of certain persons.
Sec. 374. Modification to definition of financial institution in Right to Financial Pri-
vacy Act.
Sec. 375. Coordination of Federal Government research on security evaluations.
Sec. 376. Treatment of classified information in money laundering cases.
Sec. 377. Technical amendments.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Amendment to certain Central Intelligence Agency Act of 1949 notifica-
tion requirements.
Sec. 402. Protection of certain Central Intelligence Agency personnel from tort li-
ability.
Sec. 403. Repeal of obsolete limitation on use of funds in central services working
capital fund.
Sec. 404. Purchases by Central Intelligence Agency of products of Federal Prison
Industries.
Sec. 405. Postponement of Central Intelligence Agency compensation reform and
other matters.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. Protection of certain National Security Agency personnel from tort liabil-
ity.
Sec. 502. Use of funds for counterdrug and counterterrorism activities for Colom-
bia.
Sec. 503. Scene visualization technologies.
Sec. 504. Measurement and signatures intelligence research program.
Sec. 505. Availability of funds of National Security Agency for national security
scholarships.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2004 for the conduct of the intelligence and intelligence-related
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activities of the following elements of the United States Govern-
ment:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Department of Justice.
(10) The Federal Bureau of Investigation.
(11) The National Reconnaissance Office.
(12) The National Geospatial-Intelligence Agency.
(13) The Coast Guard.
(14) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—
The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 2004,
for the conduct of the intelligence and intelligence-related activities
of the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on the bill H.R. 2417 of the One Hundred Eighth
Congress.
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—The Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House
of Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the
Director of the Office of Management and Budget, the Director
of Central Intelligence may authorize employment of civilian per-
sonnel in excess of the number authorized for fiscal year 2004
under section 102 when the Director of Central Intelligence deter-
mines that such action is necessary to the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed
2 percent of the number of civilian personnel authorized under
such section for such element.
(b) NOTICE
TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall promptly notify the Select Committee
on Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives whenever the
Director exercises the authority granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of Central Intelligence for fiscal year 2004
the sum of $221,513,000. Within such amount, funds identified
in the classified Schedule of Authorizations referred to in section
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102(a) for advanced research and development shall remain avail-
able until September 30, 2005.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Intelligence Community Management Account of the Director of
Central Intelligence are authorized 310 full-time personnel as of
September 30, 2004. Personnel serving in such elements may be
permanent employees of the Intelligence Community Management
Account or personnel detailed from other elements of the United
States Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence Commu-
nity Management Account for fiscal year 2004 such additional
amounts as are specified in the classified Schedule of Authoriza-
tions referred to in section 102(a). Such additional amounts
for research and development shall remain available until Sep-
tember 30, 2005.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the per-
sonnel authorized by subsection (b) for elements of the Intel-
ligence Community Management Account as of September 30,
2004, there are also authorized such additional personnel for
such elements as of that date as are specified in the classified
Schedule of Authorizations.
(d) REIMBURSEMENT.—Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year
2004 any officer or employee of the United States or a member
of the Armed Forces who is detailed to the staff of the Intelligence
Community Management Account from another element of the
United States Government shall be detailed on a reimbursable
basis, except that any such officer, employee, or member may be
detailed on a nonreimbursable basis for a period of less than one
year for the performance of temporary functions as required by
the Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated in subsection (a), $47,142,000 shall be available for
the National Drug Intelligence Center. Within such amount,
funds provided for research, development, testing, and evalua-
tion purposes shall remain available until September 30, 2005,
and funds provided for procurement purposes shall remain
available until September 30, 2006.
(2) TRANSFER OF FUNDS.—The Director of Central Intel-
ligence shall transfer to the Attorney General funds available
for the National Drug Intelligence Center under paragraph
(1). The Attorney General shall utilize funds so transferred
for the activities of the National Drug Intelligence Center.
(3) LIMITATION.—Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY.—Notwithstanding any other provision of
law, the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.