In the Senate of the United States,
July 31 (legislative day, July 21), 2003.
Resolved, That the bill from the House of Representa-
tives (H.R. 2417) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2004 for intelligence and intelligence-re-
lated activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 2004’’.
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(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. Incorporation of reporting requirements.
Sec. 106. Preparation and submittal of reports, reviews, studies, and plans relat-
ing to intelligence activities of Department of Defense or Depart-
ment of Energy.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Subtitle A—Recurring General Provisions
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Subtitle B—Intelligence
Sec. 311. Modification of authority to obligate and expend certain funds for intel-
ligence activities.
Sec. 312. Modification of notice and wait requirements on projects to construct
or improve intelligence community facilities.
Sec. 313. Pilot program on analysis of signals and other intelligence by intel-
ligence analysts of various elements of the intelligence commu-
nity.
Sec. 314. Pilot program on training for intelligence analysts.
Sec. 315. Extension of National Commission for the Review of the Research and
Development Programs of the United States Intelligence Commu-
nity.
Sec. 316. Budget treatment of costs of acquisition of major systems by the intel-
ligence community.
Subtitle C—Surveillance
Sec. 321. Clarification and modification of sunset of surveillance-related amend-
ments made by USA PATRIOT ACT of 2001.
Subtitle D—Reports
Sec. 331. Report on cleared insider threat to classified computer networks.
Sec. 332. Report on security background investigations and security clearance
procedures of the Federal Government.
Sec. 333. Report on detail of civilian intelligence personnel among elements of the
intelligence community and the Department of Defense.
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Sec. 334. Report on modifications of policy and law on classified information to
facilitate sharing of information for national security purposes.
Sec. 335. Report of Secretary of Defense and Director of Central Intelligence on
strategic planning.
Sec. 336. Report on United States dependence on computer hardware and soft-
ware manufactured overseas.
Sec. 337. Report on lessons learned from military operations in Iraq.
Sec. 338. Reports on conventional weapons and ammunition obtained by Iraq in
violation of certain United Nations Security Council resolutions.
Sec. 339. Repeal of certain report requirements relating to intelligence activities.
Sec. 340
Report on operations of Directorate of Information Analysis and Infra-
structure Protection and Terrorist Threat Integration Center.
Subtitle E—Other Matters
Sec. 351. Extension of suspension of reorganization of Diplomatic Telecommuni-
cations Service Program Office.
Sec. 352. Modifications of authorities on explosive materials.
Sec. 353. Modification of prohibition on the naturalization of certain persons.
Sec. 354. Modification to definition of financial institution in the Right to Fi-
nancial Privacy Act.
Sec. 355. Coordination of Federal Government research on security evaluations.
Sec. 356. Technical amendments.
Sec. 357. Treatment of classified information in money laundering cases.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Amendment to certain Central Intelligence Agency Act of 1949 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 Work-
ing Capital Fund.
Sec. 404. Technical amendment to Federal Information Security Management Act
of 2002.
Sec. 405. Contribution by Central Intelligence Agency employees of certain bonus
pay to Thrift Savings Plan accounts.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. Protection of operational files of the National Security Agency.
Sec. 502. Protection of certain National Security Agency personnel from tort li-
ability.
Sec. 503. Use of funds for counterdrug and counterterrorism activities for Colom-
bia.
Sec. 504. Scene visualization technologies.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2004 for the conduct of the intelligence and intel-
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ligence-related activities of the following elements of the
United States Government:
(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 Depart-
ment 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 Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agen-
cy.
(12) The Coast Guard.
(13) 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
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of Authorizations prepared to accompany the conference re-
port on the bill ll of the One Hundred Eighth Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—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 ap-
proval of the Director of the Office of Management and
Budget, the Director of Central Intelligence may authorize
employment of civilian personnel in excess of the number
authorized for fiscal year 2004 under section 102 when the
Director of Central Intelligence determines 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 per-
cent of the number of civilian personnel authorized under
such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di-
rector of Central Intelligence shall promptly notify the Se-
lect Committee on Intelligence of the Senate and the Perma-
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nent Select Committee on Intelligence of the House of Rep-
resentatives whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of Central Intel-
ligence for fiscal year 2004 the sum of $198,390,000. Within
such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for advanced
research and development shall remain available until Sep-
tember 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 Intel-
ligence Community Management Account or personnel de-
tailed 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 ap-
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propriated for the Intelligence Community Manage-
ment Account for fiscal year 2004 such additional
amounts as are specified in the classified Schedule of
Authorizations referred to in section 102(a). Such ad-
ditional amounts for research and development shall
remain available until September 30, 2005.
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for
elements of the Intelligence Community Management
Account as of September 30, 2004, there are also au-
thorized such additional personnel for such elements
as of that date as are specified in the classified Sched-
ule 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 de-
tailed to the staff of the Intelligence Community Manage-
ment Account from another element of the United States
Government shall be detailed on a reimbursable basis, ex-
cept that any such officer, employee, or member may be de-
tailed on a nonreimbursable basis for a period of less than
one year for the performance of temporary functions as re-
quired by the Director of Central Intelligence.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—