Intelligence Authorization Act for Fiscal Year 2004
PL 108-177 (H.R.2417), enacted 12/13/2003

117 STAT. 2599
PUBLIC LAW 108–177—DEC. 13, 2003
Public Law 108–177
108th Congress
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.
Intelligence
Authorization
Act for Fiscal
Year 2004.
Dec. 13, 2003
[H.R. 2417]
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117 STAT. 2600
PUBLIC LAW 108–177—DEC. 13, 2003
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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117 STAT. 2601
PUBLIC LAW 108–177—DEC. 13, 2003
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
President.
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117 STAT. 2602
PUBLIC LAW 108–177—DEC. 13, 2003
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.
21 USC 873 note.
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117 STAT. 2603
PUBLIC LAW 108–177—DEC. 13, 2003
SEC. 105. OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DEPART-
MENT OF THE TREASURY.
(a) ESTABLISHMENT OF OFFICE.—(1) Chapter 3 of subtitle I
of title 31, United States Code, is amended—
(A) by redesignating section 311 as section 312; and
(B) by inserting after section 310 the following:
‘‘§ 311. Office of Intelligence and Analysis
‘‘(a) ESTABLISHMENT.—There is established within the Depart-
ment of the Treasury, the Office of Intelligence and Analysis (in
this section referred to as the ‘Office’), which shall—
‘‘(1) be responsible for the receipt, analysis, collation, and
dissemination of foreign intelligence and foreign counterintel-
ligence information (within the meaning of section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)) related to
the operation and responsibilities of the Department of the
Treasury; and
‘‘(2) have such other related duties and authorities as may
be assigned to it by the Secretary, subject to the authority,
direction, and control of the Secretary.
‘‘(b) ASSISTANT SECRETARY FOR INTELLIGENCE AND ANALYSIS.—
The Office shall be headed by an Assistant Secretary, who shall
be appointed by the President, by and with the advice and consent
of the Senate. The Assistant Secretary shall report directly to
the Undersecretary of the Treasury for Enforcement.’’.
(2) The table of sections at the beginning of chapter 3 of
such title is amended by striking the item relating to section 311
and inserting the following new items:
‘‘311. Office of Intelligence and Analysis.
‘‘312. Continuing in office.’’.
(b) CONSTRUCTION OF AUTHORITY.—Nothing in section 311 of
title 31, United States Code (as amended by subsection (a)), shall
be construed to alter the authorities and responsibilities of the
Director of Central Intelligence with respect to the Office of Intel-
ligence and Analysis of the Department of the Treasury as an
element of the intelligence community.
(c) CONSULTATION WITH DCI IN APPOINTMENT OF ASSISTANT
SECRETARY.—Section 106(b)(2) of the National Security Act of 1947
(50 U.S.C. 403–6(b)(2)) is amended by adding at the end the fol-
lowing:
‘‘(E) The Assistant Secretary for Intelligence and Anal-
ysis of the Department of the Treasury.’’.
(d) CONFORMING AMENDMENTS.—
(1) NATIONAL SECURITY ACT.—Section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)) is amended—
(A) in subparagraph (H), by striking ‘‘the Department
of the Treasury,’’;
(B) by redesignating subparagraphs (J) and (K) as
subparagraphs (K) and (L), respectively; and
(C) by inserting after subparagraph (I) the following
new subparagraph (J):
‘‘(J) the Office of Intelligence and Analysis of the
Department of the Treasury;’’.
(2) TITLE 31.—Section 301(e) of title 31, United States Code,
is amended by striking ‘‘7’’ and inserting ‘‘8’’.
31 USC 311 note.
President.
Congress.
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117 STAT. 2604
PUBLIC LAW 108–177—DEC. 13, 2003
(3) TITLE 5.—Section 5315 of title 5, United States Code,
is amended in the item relating to Assistant Secretaries of
the Treasury by striking ‘‘(7)’’ and inserting ‘‘(8)’’.
SEC. 106. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL.—Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the
bill H.R. 2417 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 DEFINED.—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 Intelligence of the
House of Representatives.
SEC. 107. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS,
STUDIES, AND PLANS RELATING TO INTELLIGENCE
ACTIVITIES OF DEPARTMENT OF DEFENSE OR DEPART-
MENT OF ENERGY.
(a) CONSULTATION IN PREPARATION.—(1) The Director of Central
Intelligence shall ensure that any report, review, study, or plan
required to be prepared or conducted by a provision of this Act,
including a provision of the classified 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 Department 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 Energy may
carry out any consultation required by this subsection 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 con-
cerned, to the following committees of Congress:
(1) The Committees on Armed Services and Appropriations
and the Select Committee on Intelligence of the Senate.
(2) The Committees on Armed Services and Appropriations
and the Permanent Select Committee on Intelligence of the
House of Representatives.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY 
RETIREMENT 
AND 
DIS-
ABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 2004
the sum of $226,400,000.
50 USC 415b
note.
50 USC 401 note.
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117 STAT. 2605
PUBLIC LAW 108–177—DEC. 13, 2003
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, retire-
ment, 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.
Subtitle B—Intelligence
SEC. 311. AUTHORITY OF FEDERAL BUREAU OF INVESTIGATION TO
AWARD PERSONAL SERVICES CONTRACTS.
(a) AUTHORITY.—(1) Title III of the National Security Act of
1947 is amended by inserting after section 301 (50 U.S.C. 409a)
the following new section:
‘‘AUTHORITY OF FEDERAL BUREAU OF INVESTIGATION TO AWARD
PERSONAL SERVICES CONTRACTS
‘‘SEC. 302. (a) IN GENERAL.—The Director of the Federal Bureau
of Investigation may enter into personal services contracts if the
personal services to be provided under such contracts directly sup-
port the intelligence or counterintelligence missions of the Federal
Bureau of Investigation.
‘‘(b) INAPPLICABILITY
OF CERTAIN REQUIREMENTS.—Contracts
under subsection (a) shall not be subject to the annuity offset
requirements of sections 8344 and 8468 of title 5, United States
Code, the requirements of section 3109 of title 5, United States
Code, or any law or regulation requiring competitive contracting.
‘‘(c) CONTRACT TO BE APPROPRIATE MEANS OF SECURING SERV-
ICES.—The Chief Contracting Officer of the Federal Bureau of Inves-
tigation shall ensure that each personal services contract entered
into by the Director under this section is the appropriate means
of securing the services to be provided under such contract.’’.
(2) The table of contents for that Act is amended by inserting
after the item relating to section 301 the following new item:
‘‘Sec. 302. Authority of Federal Bureau of Investigation to award personal services
contracts.’’.
(b) REPORTS ON EXERCISE OF AUTHORITY.—(1) Not later than
one year after the date of the enactment of this Act, and annually
thereafter, the Director of the Federal Bureau of Investigation
shall submit to the appropriate committees of Congress a report
on the exercise of the authority in section 302 of the National
Security Act of 1947, as added by subsection (a).
(2) Each report under this subsection shall include, for the
one-year period ending on the date of such report, the following:
Deadline.
50 USC 409b–1.
50 USC 409b.
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117 STAT. 2606
PUBLIC LAW 108–177—DEC. 13, 2003
(A) The number of contracts entered into during the period.
(B) The cost of each such contract.
(C) The length of each such contract.
(D) The types of services to be provided under each such
contract.
(E) The availability, if any, of United States Government
personnel to perform functions similar to the services to be
provided under each such contract.
(F) The efforts of the Federal Bureau of Investigation to
fill available personnel vacancies, or request additional per-
sonnel positions, in areas relating to the intelligence or counter-
intelligence mission of the Bureau.
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
(4) In this subsection—
(A) for purposes of the submittal of the classified annex
to any report under this subsection, the term ‘‘appropriate
committees of Congress’’ means—
(i) the Select Committee on Intelligence of the Senate;
and
(ii) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) for purposes of the submittal of the unclassified portion
of any report under this subsection, the term ‘‘appropriate
committees of Congress’’ means—
(i) the committees specified in subparagraph (A);
(ii) the Committees on Appropriations, Governmental
Affairs, and the Judiciary of the Senate; and
(iii) the Committees on Appropriations, Government
Reform and Oversight, and the Judiciary of the House
of Representatives.
SEC. 312. 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 Intelligence Program
often must be shifted from program to program and from fiscal
year to fiscal year to address funding shortfalls caused by
significant increases in the costs of acquisition of major systems
by the intelligence community.
(2) While some increases in the costs of acquisition of
major systems by the intelligence community are unavoidable,
the magnitude of growth in the costs of acquisition of many
major systems indicates a systemic bias within the intelligence
community to underestimate the costs of such acquisition,
particularly in the preliminary stages of development and
production.
(3) Decisions by Congress to fund the acquisition of major
systems by the intelligence community rely significantly upon
initial estimates of the affordability of acquiring such major
systems and occur within a context in which funds can be
allocated for a variety of alternative programs. Thus, substan-
tial increases in costs of acquisition of major systems place
significant burdens on the availability of funds for other pro-
grams and new proposals within the National Foreign Intel-
ligence Program.
50 USC 415a–1
note.
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117 STAT. 2607
PUBLIC LAW 108–177—DEC. 13, 2003
(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 independent
cost estimates for the acquisition of major systems, the Sec-
retary of Defense has built upon the statutory requirement
in section 2434 of title 10, United States Code, to develop
and consider independent cost estimates for the acquisition
of such systems by mandating the use of such estimates in
budget requests of the Department of Defense.
(6) The mandatory use throughout the intelligence commu-
nity of independent cost estimates for the acquisition of major
systems will assist the President and Congress in the develop-
ment and funding of budgets which more accurately reflect
the requirements and priorities of the United States Govern-
ment for intelligence and intelligence-related activities.
(b) BUDGET TREATMENT OF COSTS OF ACQUISITION OF MAJOR
SYSTEMS.—(1) 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 consultation with the head
of each element of the intelligence community concerned, prepare
an independent cost estimate of the full life-cycle cost of develop-
ment, procurement, and operation of each major system to be
acquired by the intelligence community.
‘‘(2) Each independent cost estimate for a major system shall,
to the maximum extent practicable, specify the amount required
to be appropriated and obligated to develop, 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 independent cost estimate
shall be prepared before the submission 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 procure-
ment of such major system.
‘‘(B) In the case of a program of the intelligence community
for which an independent cost estimate was not previously required
to be prepared under this section, including a program for which
development or procurement commenced before the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2004, if the aggregate future costs of development or procurement
(or any combination 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 associ-
ated with the major system;
50 USC 415a–1.
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117 STAT. 2608
PUBLIC LAW 108–177—DEC. 13, 2003
‘‘(B) any significant modification to the anticipated design
of the major system; or
‘‘(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 requirements for inde-
pendent cost estimates under this section, and shall be treated
as the most current independent cost estimate for the major system
until further updated under that paragraph.
‘‘(b) PREPARATION OF INDEPENDENT COST ESTIMATES.—(1) The
Director shall establish within the Office of the Deputy Director
of Central Intelligence for Community 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 Department of
Defense, the Director and the Secretary of Defense 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 Secretary in accordance with section 2434(b)(1)(A)
of title 10, United States Code.
‘‘(c) UTILIZATION IN BUDGETS OF PRESIDENT.—(1) If the budget
of the President requests appropriations for any fiscal year for
the development or procurement of a major system by the intel-
ligence community, the President shall, subject to paragraph (2),
request in such budget an amount of appropriations for the develop-
ment or procurement, as the case may be, of the major system
that is equivalent to the amount of appropriations identified in
the most current independent cost estimate for the major system
for obligation for each fiscal year for which appropriations are
requested for the major system in such budget.
‘‘(2) If the amount of appropriations requested in the budget
of the President for the development or procurement of a major
system is less than the amount of appropriations identified in
the most current independent cost estimate for the major system
for obligation for each fiscal year for which appropriations are
requested for the major system in such budget, the President shall
include in the budget justification materials submitted to Congress
in support of such budget—
‘‘(A) an explanation for the difference between the amount
of appropriations requested and the amount of appropriations
identified in the most current independent cost estimate;
‘‘(B) a description of the importance of the major system
to the national security;
‘‘(C) an assessment of the consequences for the funding
of all programs of the National Foreign Intelligence Program
in future fiscal years if the most current independent cost
estimate for the major system is accurate and additional appro-
priations are required in future fiscal years to ensure the
continued development or procurement of the major system,
including the consequences of such funding shortfalls on the
major system and all other programs of the National Foreign
Intelligence Program; and
‘‘(D) such other information on the funding of the major
system as the President considers appropriate.
Establishment.
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117 STAT. 2609
PUBLIC LAW 108–177—DEC. 13, 2003
‘‘(d) INCLUSION OF ESTIMATES IN BUDGET JUSTIFICATION MATE-
RIALS.—The budget justification materials 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 submitted to Congress
under section 1105(a) of title 31, United States Code.
‘‘(2) The term ‘independent cost estimate’ means a prag-
matic and neutral analysis, assessment, and 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
intelligence community with primary responsibility for the
development, procurement, or operation of the major system.
‘‘(3) The term ‘major system’ means any significant program
of an element of the intelligence community with projected
total 
development 
and 
procurement 
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 development and procurement of the program and
any other costs associated with the development and procure-
ment of systems required to support or utilize the program.’’.
(2) 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.’’.
(c) EFFECTIVE DATE.—The amendments made by subsection
(b) shall take effect on the date of the enactment of this Act.
(d) LIMITATIONS.—(1)(A) For each major system for which funds
have been authorized for a fiscal year before fiscal year 2005,
or for which funds are sought in the budget of the President
for fiscal year 2005, as submitted to Congress pursuant to section
1105(a) of title 31, United States Code, and for which no inde-
pendent cost estimate has been provided to Congress, no contract,
or option to contract, for the procurement or acquisition of such
major system may be entered into, or option to contract be exercised,
before the date of the enactment of an Act to authorize appropria-
tions for fiscal year 2005 for intelligence and intelligence-related
activities of the United States Government.
(B) Subparagraph (A) shall not affect any contract for procure-
ment or acquisition that was entered into before the date of the
enactment of this Act.
(2) Commencing as of the date of the submittal to Congress
of the budget of the President for fiscal year 2006 pursuant to
section 1105(a) of title 31, United States Code, no funds may be
obligated or expended for the development or procurement of a
major system until the President has complied with the require-
ments of section 506A of the National Security Act of 1947 (as
added by subsection (b)) with respect to such major system.
Effective date.
President.
50 USC 415a–1
note.
50 USC 415a–1
note.
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117 STAT. 2610
PUBLIC LAW 108–177—DEC. 13, 2003
(3) In this subsection, the terms ‘‘independent cost estimate’’
and ‘‘major system’’ have the meaning given such terms in sub-
section (e) of section 506A of the National Security Act of 1947
(as so added).
SEC. 313. MODIFICATION OF SUNSET OF APPLICATION OF SANCTIONS
LAWS TO INTELLIGENCE ACTIVITIES.
(a) MODIFICATION.—Section 905 of the National Security Act
of 1947 (50 U.S.C. 441d) is repealed.
(b) CLERICAL AMENDMENT.—The table of contents for that Act
is amended by striking the item relating to section 905.
SEC. 314. MODIFICATION OF NOTICE AND WAIT REQUIREMENTS ON
PROJECTS TO CONSTRUCT OR IMPROVE INTELLIGENCE
COMMUNITY FACILITIES.
(a) INCREASE OF THRESHOLDS FOR NOTICE.—Subsection (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’’.
(b) NOTICE
AND
WAIT
REQUIREMENTS
FOR
EMERGENCY
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 subparagraph:
‘‘(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 environ-
mental quality; and
‘‘(ii) any delay in the commencement of the project
would harm any or all of those interests.’’.
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.
(a) IN GENERAL.—Subsection (a) of section 1007 of the Intel-
ligence Authorization Act for Fiscal Year 2003 (Public Law 107–
306; 50 U.S.C. 401 note; 116 Stat. 2442) is amended by striking
‘‘September 1, 2003’’ and inserting ‘‘September 1, 2004’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if included in the enactment of section 1007
of the Intelligence Authorization Act for Fiscal Year 2003.
SEC. 316. IMPROVEMENT OF INFORMATION SHARING AMONG FED-
ERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS.
(a) TRAINING PROGRAM
FOR STATE
AND LOCAL OFFICIALS.—
Section 892(c) of the Homeland Security Act of 2002 (Public Law
50 USC 401 note.
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117 STAT. 2611
PUBLIC LAW 108–177—DEC. 13, 2003
107–296; 6 U.S.C. 482) is amended by adding at the end the
following new paragraph:
‘‘(3)(A) The Secretary shall establish a program to provide
appropriate training to officials described in subparagraph (B)
in order to assist such officials in—
‘‘(i) identifying sources of potential terrorist threats
through such methods as the Secretary determines appro-
priate;
‘‘(ii) reporting information relating to such potential
terrorist threats to the appropriate Federal agencies in
the appropriate form and manner;
‘‘(iii) 
assuring 
that 
all 
reported 
information 
is
systematically submitted to and passed on by the Depart-
ment for use by appropriate Federal agencies; and
‘‘(iv) understanding the mission and roles of the intel-
ligence community to promote more effective information
sharing among Federal, State, and local officials and rep-
resentatives of the private sector to prevent terrorist
attacks against the United States.
‘‘(B) The officials referred to in subparagraph (A) are offi-
cials of State and local government agencies and representa-
tives of private sector entities with responsibilities relating
to the oversight and management of first responders,
counterterrorism activities, or critical infrastructure.
‘‘(C) The Secretary shall consult with the Attorney General
to ensure that the training program established in subpara-
graph (A) does not duplicate the training program established
in section 908 of the USA PATRIOT Act (Public Law 107–
56; 28 U.S.C. 509 note).
‘‘(D) The Secretary shall carry out this paragraph in con-
sultation with the Director of Central Intelligence and the
Attorney General.’’.
(b) REPORT.—Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit to Congress a report that describes the Secretary’s plan
for implementing section 892 of the Homeland Security Act of
2002 and includes an estimated date of completion of the
implementation.
SEC. 317. PILOT PROGRAM ON ANALYSIS OF SIGNALS AND OTHER
INTELLIGENCE BY INTELLIGENCE ANALYSTS OF VAR-
IOUS ELEMENTS OF THE INTELLIGENCE 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 advisability of permitting
intelligence analysts of various elements of the intelligence commu-
nity to access and analyze intelligence from the databases of other
elements of the intelligence 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 intelligence
community as the Director shall select for purposes of the
pilot program.
50 USC 403–3
note.
Deadline.
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117 STAT. 2612
PUBLIC LAW 108–177—DEC. 13, 2003
(c) OBJECTIVES.—The objectives set forth in this subsection
are as follows:
(1) To enhance the capacity of the intelligence community
to undertake ‘‘all source fusion’’ analysis in support of the
intelligence and intelligence-related missions of the intelligence
community.
(2) To reduce, to the extent possible, the amount of intel-
ligence collected by the intelligence community that is not
assessed, or reviewed, by intelligence analysts.
(3) To reduce the burdens imposed on analytical personnel
of the elements of the intelligence community by current prac-
tices regarding the sharing of intelligence among elements of
the intelligence community.
(d) COMMENCEMENT.—The Director shall commence the pilot
program under subsection (a) not later than December 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 databases of the intelligence community by
intelligence analysts of other elements of the intelligence commu-
nity, 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 methods which (as determined by the
Director) warrant protection.
(2) The actions taken under paragraph (1) shall include the
provision of training on the accessing and handling of information
in the databases of various elements of the intelligence community
and the establishment of limitations on access to information in
such databases regarding 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 Defense 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 appro-
priate 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 Assistant
Director as a result of the assessment;
(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 report.
(i) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
Deadline.
Deadline.
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117 STAT. 2613
PUBLIC LAW 108–177—DEC. 13, 2003
(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 Intelligence, the
Committee on Armed Services, and the Committee on Appro-
priations of the House of Representatives.
SEC. 318. PILOT PROGRAM ON RECRUITMENT AND TRAINING OF
INTELLIGENCE ANALYSTS.
(a) PILOT PROGRAM.—(1) The Director of Central Intelligence
shall carry out a pilot program to ensure that selected students
or former students are provided funds to continue academic
training, or are reimbursed for academic training previously
obtained, in areas of specialization that the Director, in consultation
with the other heads of the elements of the intelligence community,
identifies as areas in which the current analytic capabilities of
the intelligence community are deficient or in which future analytic
capabilities of the intelligence community are likely to be deficient.
(2) A student or former student selected for participation in
the pilot program shall commit to employment with an element
of the intelligence community, following completion of appropriate
academic training, under such terms and conditions as the Director
considers appropriate.
(3) The pilot program shall be known as the Pat Roberts Intel-
ligence Scholars Program.
(b) ELEMENTS.—In carrying out the pilot program under sub-
section (a), the Director shall—
(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate
to ensure that participants are prepared for employment as
intelligence analysts; and
(2) periodically review the areas of specialization of the
elements of the intelligence community to determine the areas
in which such elements are, or are likely to be, deficient in
analytic capabilities.
(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 participating 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 pro-
gram under subsection (a) through the Assistant Director of Central
Intelligence for Analysis and Production.
(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;
Deadlines.
50 USC 441g
note.
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117 STAT. 2614
PUBLIC LAW 108–177—DEC. 13, 2003
(B) an assessment of the effectiveness of the pilot program
in meeting the purpose of the pilot program; and
(C) any recommendations for additional legislative or
administrative action that the Director considers appropriate
in light of the pilot program.
(g) FUNDING.—Of the amounts authorized to be appropriated
by this Act, $4,000,000 shall be available until expended to carry
out this section.
SEC. 319. IMPROVEMENT OF EQUALITY OF EMPLOYMENT OPPORTUNI-
TIES IN THE INTELLIGENCE COMMUNITY.
(a) FINDINGS.—Congress makes the following findings:
(1) It is the recommendation of the Joint Inquiry of the
Senate Select Committee on Intelligence and the House Perma-
nent Select Committee on Intelligence into Intelligence Commu-
nity Activities Before and After the Terrorist Attacks of Sep-
tember 11, 2001, that the Intelligence Community should
enhance recruitment of a more ethnically and culturally diverse
workforce and devise a strategy to capitalize upon the unique
cultural and linguistic capabilities of first generation Ameri-
cans.
(2) The Intelligence Community could greatly benefit from
an increased number of employees who are proficient in foreign
languages and knowledgeable of world cultures, especially in
foreign languages that are critical to the national security
interests of the United States. Particular emphasis should be
given to the recruitment of United States citizens whose lin-
guistic capabilities are acutely required for the improvement
of the overall intelligence collection and analysis effort of the
United States Government.
(3) The Intelligence Community has a significantly lower
percentage of women and minorities than the total workforce
of the Federal government and the total civilian labor force.
(4) Women and minorities continue to be under-represented
in senior grade levels, and in core mission areas, of the intel-
ligence community.
(b) PILOT PROJECT TO PROMOTE EQUALITY OF EMPLOYMENT
OPPORTUNITIES
FOR WOMEN
AND MINORITIES THROUGHOUT
THE
INTELLIGENCE COMMUNITY USING INNOVATIVE METHODOLOGIES.—
The Director of Central Intelligence shall carry out a pilot project
under this section to test and evaluate alternative, innovative
methods to promote equality of employment opportunities in the
intelligence community for women, minorities, and individuals with
diverse ethnic and cultural backgrounds, skills, language pro-
ficiency, and expertise.
(c) METHODS.—In carrying out the pilot project, the Director
shall employ methods to increase diversity of officers and employees
in the intelligence community.
(d) DURATION OF PROJECT.—The Director shall carry out the
project under this section for a 3-year period.
(e) REPORT.—Not later than 2 years after the date the Director
implements the pilot project under this section, the Director shall
submit to Congress a report on the project. The report shall
include—
(1) an assessment of the effectiveness of the project; and
(2) recommendations on the continuation of the project,
as well recommendations as for improving the effectiveness
Deadline.
50 USC 403 note.
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117 STAT. 2615
PUBLIC LAW 108–177—DEC. 13, 2003
of the project in meeting the goals of promoting equality of
employment opportunities in the intelligence community for
women, minorities, and individuals with diverse ethnic and
cultural backgrounds, skills, language proficiency, and exper-
tise.
(f) DIVERSITY PLAN.—(1) Not later than February 15, 2004,
the Director of Central Intelligence shall submit to Congress a
report which describes the plan of the Director, entitled the ‘‘DCI
Diversity Strategic Plan’’, and any subsequent revision to that
plan, to increase diversity of officers and employees in the intel-
ligence community, including the short- and long-term goals of
the plan. The report shall also provide a detailed description of
the progress that has been made by each element of the intelligence
community in implementing the plan.
(2) In implementing the plan, the Director shall incorporate
innovative methods for recruitment and hiring that the Director
has determined to be effective from the pilot project carried out
under this section.
(g) INTELLIGENCE COMMUNITY DEFINED.—In this section, the
term ‘‘intelligence community’’ has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401(4)).
SEC. 320. SENSE OF CONGRESS ON RECRUITMENT AS INTELLIGENCE
COMMUNITY PERSONNEL OF MEMBERS OF THE ARMED
FORCES ON THEIR DISCHARGE OR RELEASE FROM DUTY.
It is the sense of Congress that the elements of the intelligence
community should, in the course of their civilian recruitment efforts
in the United States, endeavor to recruit as personnel of the intel-
ligence community citizens and, as appropriate, nationals of the
United States who are members of the Armed Forces who partici-
pated in Operation Enduring Freedom, Operation Iraqi Freedom,
and other campaigns undertaken abroad upon the separation, dis-
charge, or release of such individuals from the Armed Forces.
SEC. 321. EXTERNAL COLLECTION CAPABILITIES AND REQUIREMENTS
REVIEW PANEL.
The President may establish an External Collection Capabilities
and Requirements Review Panel as specified in the classified annex
to this Act.
Subtitle C—Counterintelligence
SEC. 341. COUNTERINTELLIGENCE INITIATIVES FOR THE INTEL-
LIGENCE COMMUNITY.
(a) IN GENERAL.—(1) Title XI of the National Security Act
of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
‘‘COUNTERINTELLIGENCE INITIATIVES
‘‘SEC. 1102. (a) INSPECTION PROCESS.—(1) In order to protect
intelligence sources and methods from unauthorized disclosure, the
Director of Central Intelligence shall establish and implement an
inspection process for all agencies and departments of the United
States that handle classified information relating to the national
security of the United States intended to assure that those agencies
50 USC 442a.
Deadline.
Reports.
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117 STAT. 2616
PUBLIC LAW 108–177—DEC. 13, 2003
and departments maintain effective operational security practices
and programs directed against counterintelligence activities.
‘‘(2) The Director shall carry out the process through the Office
of the National Counterintelligence Executive.
‘‘(b) ANNUAL
REVIEW
OF
DISSEMINATION
LISTS.—(1) The
Director of Central Intelligence shall establish and implement a
process for all elements of the intelligence community to review,
on an annual basis, individuals included on distribution lists for
access to classified information. Such process shall ensure that
only individuals who have a particularized ‘need to know’ (as deter-
mined by the Director) are continued on such distribution lists.
‘‘(2) Not later than October 15 of each year, the Director shall
certify to the congressional intelligence committees that the review
required under paragraph (1) has been conducted in all elements
of the intelligence community during the preceding fiscal year.
‘‘(c) COMPLETION
OF
FINANCIAL
DISCLOSURE
STATEMENTS
REQUIRED FOR ACCESS TO CERTAIN CLASSIFIED INFORMATION.—(1)
The Director of Central Intelligence shall establish and implement
a process by which each head of an element of the intelligence
community directs that all employees of that element, in order
to be granted access to classified information referred to in sub-
section (a) of section 1.3 of Executive Order No. 12968 (August
2, 1995; 60 Fed. Reg. 40245; 50 U.S.C. 435 note), submit financial
disclosure forms as required under subsection (b) of such section.
‘‘(2) The Director shall carry out paragraph (1) through the
Office of the National Counterintelligence Executive.
‘‘(d) ARRANGEMENTS TO HANDLE SENSITIVE INFORMATION.—The
Director of Central Intelligence shall establish, for all elements
of the intelligence community, programs and procedures by which
sensitive classified information relating to human intelligence is
safeguarded against unauthorized disclosure by employees of those
elements.’’.
(2) The table of contents contained in the first section of such
Act is amended in the items relating to title XI by adding at
the end the following new item:
‘‘Sec. 1102. Counterintelligence initiatives.’’.
(b) INTELLIGENCE AND NATIONAL SECURITY ASPECTS OF ESPIO-
NAGE PROSECUTIONS.—The Attorney General, acting through the
Office of Intelligence Policy and Review of the Department of Jus-
tice, and in consultation with the Director of Central Intelligence,
acting through the Office of the National Counterintelligence Execu-
tive, shall establish policies and procedures to assist the Attorney
General in the consideration of intelligence and national security-
related equities in the development of charging documents and
related pleadings in espionage prosecutions.
Subtitle D—Reports
SEC. 351. REPORT ON CLEARED INSIDER THREAT TO CLASSIFIED COM-
PUTER NETWORKS.
(a) REPORT REQUIRED.—The Director of Central Intelligence
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
Procedures.
28 USC 519 note.
Procedures.
Procedures.
Deadline.
Certification.
Procedures.
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117 STAT. 2617
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of the elements of the intelligence community and of the Depart-
ment of Defense.
(b) ASSESSMENTS.—The report under subsection (a) shall
include an assessment of the following:
(1) The vulnerability of the computers and computer sys-
tems of the elements of the intelligence community, and of
the Department of Defense, to various threats from foreign
governments, international terrorist organizations, and orga-
nized 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 networks
(LANs) or wide-area networks (WANs) of computers that
include classified information with capabilities for electronic
mail, upload and download, or removable storage media without
also deploying comprehensive computer firewalls, accountability
procedures, 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 report 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 Department of Defense that
permit unsupervised uploading or downloading of classified
information, set forth by level of classification.
(2) An estimate of the number of individuals utilizing 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 proce-
dures.
(4) An assessment of the viability of utilizing other tech-
nologies (including so-called ‘‘thin client servers’’) to achieve
enhanced security of such computers and computer systems
through more rigorous control of access to such computers
and computer systems.
(d) RECOMMENDATIONS.—The report under subsection (a) shall
also include such recommendations for modifications or improve-
ments of the current computer security practices of the elements
of the intelligence community, and of the Department of Defense,
as the Director and the Secretary jointly consider appropriate as
a result of the assessments under subsection (b) and the information
under subsection (c).
(e) SUBMITTAL DATE.—The report under subsection (a) shall
be submitted not later than February 15, 2004.
(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 Congress’’ means—
(A) the Select Committee on Intelligence and the Com-
mittee on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on Armed Services of the House of
Representatives.
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117 STAT. 2618
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(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)).
SEC. 352. REPORT ON SECURITY BACKGROUND INVESTIGATIONS AND
SECURITY CLEARANCE PROCEDURES OF THE FEDERAL
GOVERNMENT.
(a) REPORT REQUIRED.—The Director of Central Intelligence,
the Secretary of Defense, the Attorney General, the Director of
the Office of Personnel Management, and the heads of other appro-
priate Federal departments and agencies (as determined by the
President) 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 proce-
dures of the Federal Government in meeting the purposes of such
investigations and procedures.
(b) PARTICULAR REPORT MATTERS.—The report shall address
in particular the following:
(1) A comparison of the costs and benefits of conducting
background investigations for Secret clearance with the costs
and benefits of conducting full field background investigations.
(2) The standards governing the revocation of security
clearances.
(c) RECOMMENDATIONS.—The report under subsection (a) shall
include such recommendations for modifications or improvements
of the current security background investigations or security clear-
ance procedures of the Federal Government as are considered appro-
priate as a result of the preparation of the report 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 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 the Judiciary of the Senate; and
(2) the Permanent Select Committee on Intelligence and
the Committees on Armed Services and the Judiciary of the
House of Representatives.
SEC. 353. REPORT ON DETAIL OF CIVILIAN INTELLIGENCE PERSONNEL
AMONG ELEMENTS OF THE INTELLIGENCE COMMUNITY
AND THE DEPARTMENT OF DEFENSE.
(a) REPORT REQUIRED.—The Director of Central Intelligence
shall, in consultation with the heads of the elements of the intel-
ligence community, submit to the appropriate committees of Con-
gress a report on means of improving the detail or transfer of
civilian intelligence personnel between and among the various ele-
ments 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 intelligence personnel as
described in that subsection;
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117 STAT. 2619
PUBLIC LAW 108–177—DEC. 13, 2003
(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.).
Deadline.
President.
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117 STAT. 2620
PUBLIC LAW 108–177—DEC. 13, 2003
(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.
Deadline.
Deadline.
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117 STAT. 2621
PUBLIC LAW 108–177—DEC. 13, 2003
(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
Deadline.
10 USC 113 note.
Deadline.
50 USC 403 note.
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117 STAT. 2622
PUBLIC LAW 108–177—DEC. 13, 2003
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
President.
Deadline.
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117 STAT. 2623
PUBLIC LAW 108–177—DEC. 13, 2003
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
Deadline.
President.
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117 STAT. 2624
PUBLIC LAW 108–177—DEC. 13, 2003
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.
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117 STAT. 2625
PUBLIC LAW 108–177—DEC. 13, 2003
(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
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117 STAT. 2626
PUBLIC LAW 108–177—DEC. 13, 2003
(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.
10 USC 1611
note.
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117 STAT. 2627
PUBLIC LAW 108–177—DEC. 13, 2003
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
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‘‘(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
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117 STAT. 2629
PUBLIC LAW 108–177—DEC. 13, 2003
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.
Deadline.
Establishment.
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117 STAT. 2630
PUBLIC LAW 108–177—DEC. 13, 2003
(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
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117 STAT. 2631
PUBLIC LAW 108–177—DEC. 13, 2003
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
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117 STAT. 2632
PUBLIC LAW 108–177—DEC. 13, 2003
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:
18 USC 4124
note.
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117 STAT. 2633
PUBLIC LAW 108–177—DEC. 13, 2003
‘‘(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.
50 USC 403–4
note.
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117 STAT. 2634
PUBLIC LAW 108–177—DEC. 13, 2003
‘‘(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.
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117 STAT. 2635
PUBLIC LAW 108–177—DEC. 13, 2003
(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.
Establishment.
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117 STAT. 2636
PUBLIC LAW 108–177—DEC. 13, 2003
LEGISLATIVE HISTORY—H.R. 2417 (S. 1025):
HOUSE REPORTS: Nos. 108–163 (Permanent Select Comm. on Intelligence) and
108–381 (Comm. of Conference).
SENATE REPORTS: Nos. 108–44 (Select Comm. on Intelligence) and 108–80
(Comm. on Armed Services), both accompanying S. 1025.
CONGRESSIONAL RECORD, Vol. 149 (2003):
June 25–27, considered and passed House.
July 31, considered and passed Senate, amended, in lieu of S. 1025.
Nov. 20, House agreed to conference report.
Nov. 21, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 13, Presidential statement.
(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.
Approved December 13, 2003.
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