[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2417 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 31 (legislative day, July 21), 2003.
Resolved, That the bill from the House of Representatives (H.R.
2417) entitled ``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.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``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. Incorporation of reporting requirements.
Sec. 106. 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. Modification of authority to obligate and expend certain
funds for intelligence activities.
Sec. 312. Modification of notice and wait requirements on projects to
construct or improve intelligence community
facilities.
Sec. 313. Pilot program on analysis of signals and other intelligence
by intelligence analysts of various
elements of the intelligence community.
Sec. 314. Pilot program on training for intelligence analysts.
Sec. 315. Extension of National Commission for the Review of the
Research and Development Programs of the
United States Intelligence Community.
Sec. 316. Budget treatment of costs of acquisition of major systems by
the intelligence community.
Subtitle C--Surveillance
Sec. 321. Clarification and modification of sunset of surveillance-
related amendments made by USA PATRIOT ACT
of 2001.
Subtitle D--Reports
Sec. 331. Report on cleared insider threat to classified computer
networks.
Sec. 332. Report on security background investigations and security
clearance procedures of the Federal
Government.
Sec. 333. Report on detail of civilian intelligence personnel among
elements of the intelligence community and
the Department of Defense.
Sec. 334. Report on modifications of policy and law on classified
information to facilitate sharing of
information for national security purposes.
Sec. 335. Report of Secretary of Defense and Director of Central
Intelligence on strategic planning.
Sec. 336. Report on United States dependence on computer hardware and
software manufactured overseas.
Sec. 337. Report on lessons learned from military operations in Iraq.
Sec. 338. Reports on conventional weapons and ammunition obtained by
Iraq in violation of certain United Nations
Security Council resolutions.
Sec. 339. Repeal of certain report requirements relating to
intelligence activities.
Sec. 340 Report on operations of Directorate of Information Analysis
and Infrastructure Protection and Terrorist
Threat Integration Center.
Subtitle E--Other Matters
Sec. 351. Extension of suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 352. Modifications of authorities on explosive materials.
Sec. 353. Modification of prohibition on the naturalization of certain
persons.
Sec. 354. Modification to definition of financial institution in the
Right to Financial Privacy Act.
Sec. 355. Coordination of Federal Government research on security
evaluations.
Sec. 356. Technical amendments.
Sec. 357. Treatment of classified information in money laundering
cases.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Amendment to certain Central Intelligence Agency Act of 1949
notification requirements.
Sec. 402. Protection of certain Central Intelligence Agency personnel
from tort liability.
Sec. 403. Repeal of obsolete limitation on use of funds in Central
Services Working Capital Fund.
Sec. 404. Technical amendment to Federal Information Security
Management Act of 2002.
Sec. 405. Contribution by Central Intelligence Agency employees of
certain bonus pay to Thrift Savings Plan
accounts.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. Protection of operational files of the National Security
Agency.
Sec. 502. Protection of certain National Security Agency personnel from
tort liability.
Sec. 503. Use of funds for counterdrug and counterterrorism activities
for Colombia.
Sec. 504. Scene visualization technologies.
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 activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the 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 Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
(12) The Coast Guard.
(13) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2004, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
____ of the One Hundred Eighth Congress.
(b) Availability of Classified Schedule of Authorizations.--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 personnel in excess
of the number authorized for fiscal year 2004 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 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
$198,390,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until 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 Community
Management Account for fiscal year 2004 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
research and development shall remain available until September
30, 2005.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence 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
appropriated in subsection (a), $37,090,000 shall be available
for the National Drug Intelligence Center. Within such amount,
funds provided for research, development, testing, and
evaluation 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
Intelligence 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.
SEC. 105. 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
____ 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. 106. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND
PLANS RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT
OF DEFENSE OR DEPARTMENT 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 concerned, 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 DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2004 the sum of
$226,400,000.
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, retirement,
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. MODIFICATION OF AUTHORITY TO OBLIGATE AND EXPEND CERTAIN
FUNDS FOR INTELLIGENCE ACTIVITIES.
Section 504(a)(3) of the National Security Act of 1947 (50 U.S.C.
414(a)(3)) is amended--
(1) by inserting ``and'' at the end of subparagraph (A);
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
SEC. 312. 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 environmental quality; and
``(ii) any delay in the commencement of the project
would harm any or all of those interests.''.
SEC. 313. PILOT PROGRAM ON ANALYSIS OF SIGNALS AND OTHER INTELLIGENCE
BY INTELLIGENCE ANALYSTS OF VARIOUS 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 community 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.
(c) Objectives.--The objectives set forth in this subsection are as
follows:
(1) To enhance the capacity of the intelligence community
to undertake so-called ``all source fusion'' analysis in
support of the intelligence and intelligence-related missions
of the intelligence community.
(2) To reduce, to the extent practicable, the amount of
intelligence 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
practices 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 community,
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
to 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 appropriate
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--
(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
Appropriations of the House of Representatives.
SEC. 314. PILOT PROGRAM ON TRAINING FOR INTELLIGENCE ANALYSTS.
(a) Pilot Program Required.--(1) The Director of Central
Intelligence shall carry out a pilot program to assess the feasibility
and advisability of providing for the preparation of selected students
for availability for employment as intelligence analysts for the
intelligence and intelligence-related activities of the United States
through a training program similar to the Reserve Officers' Training
Corps programs of the Department of Defense.
(2) The pilot program shall be known as the Intelligence Community
Analyst Training Program.
(b) Elements.--In carrying out the pilot program under subsection
(a), the Director shall establish and maintain one or more cadres of
students who--
(1) participate in such training as intelligence analysts
as the Director considers appropriate; and
(2) upon completion of such training, are available for
employment as intelligence analysts under such terms and
conditions as the Director considers appropriate.
(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 program
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;
(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, $8,000,000 shall be available in fiscal year 2004 to carry out
this section.
SEC. 315. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
Section 1007(a) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2442; 50 U.S.C. 401 note) is
amended by striking ``September 1, 2003,'' and inserting ``September 1,
2004,''.
SEC. 316. 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,
substantial increases in costs of acquisition of major systems
place significant burdens on the availability of funds for
other programs and new proposals within the National Foreign
Intelligence Program.
(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
Secretary 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 community
of independent cost estimates for the acquisition of major
systems will assist the President and Congress in the
development and funding of budgets which more accurately
reflect the requirements and priorities of the United States
Government for intelligence and intelligence-related
activities.
(b) Budget Treatment of Costs of Acquisition of Major Systems.--
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 development, 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 procurement 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
associated with the major system;
``(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 independent 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.--If the budget of the
President requests appropriations for any fiscal year for the
development or procurement of a major system by the intelligence
community, the President shall request in such budget an amount of
appropriations for the development 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.
``(d) Inclusion of Estimates in Budget Justification Materials.--
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
pragmatic 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 procurement of systems
required to support or utilize the program.''.
(c) Clerical Amendment.--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 intelligence community.''.
Subtitle C--Surveillance
SEC. 321. CLARIFICATION AND MODIFICATION OF SUNSET OF SURVEILLANCE-
RELATED AMENDMENTS MADE BY USA PATRIOT ACT OF 2001.
(a) Clarification.--Section 224 of the USA PATRIOT ACT of 2001
(Public Law 107-56; 115 Stat. 295) is amended by adding at the end the
following new subsection:
``(c) Effect of Sunset.--Effective on December 31, 2005, each
provision of law the amendment of which is sunset by subsection (a)
shall be revived so as to be in effect as such provision of law was in
effect on October 25, 2001.''.
(b) Modification.--Subsection (a) of that section is amended by
inserting ``204,'' after ``203(c),''.
Subtitle D--Reports
SEC. 331. REPORT ON CLEARED INSIDER THREAT TO CLASSIFIED COMPUTER
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 of the
elements of the intelligence community and of the Department of
Defense.
(b) Assessments.--The report under subsection (a) shall include an
assessment of the following:
(1) The vulnerability of the computers and computer systems
of the elements of the intelligence community, and of the
Department of Defense, to various threats from foreign
governments, international terrorist organizations, and
organized 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
procedures.
(4) An assessment of viability of utilizing other
technologies (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 improvements 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
Committee 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.
(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. 332. REPORT ON SECURITY BACKGROUND INVESTIGATIONS AND SECURITY
CLEARANCE PROCEDURES OF THE FEDERAL GOVERNMENT.
(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 utility and effectiveness of the current
security background investigations and security clearance procedures of
the Federal Government in meeting the purposes of such investigations
and procedures.
(b) Particular Report Matters.--In preparing the report, the
Director and the Secretary 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 clearance procedures of
the Federal Government as the Director and the Secretary jointly
consider appropriate 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 Committees
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. 333. 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 intelligence
community, submit to the appropriate committees of Congress a report on
means of improving the detail or transfer of civilian intelligence
personnel between and among the various elements 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;
(2) identify the proposal or proposals determined by the
heads of the elements of the intelligence community to be 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
intelligence community consider appropriate to implement the
proposal 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 and the Judiciary of the
Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committees on Armed Services 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. 334. REPORT ON MODIFICATIONS OF POLICY AND LAW ON CLASSIFIED
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 appropriate
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 between Federal departments and agencies and vertically to
and from agencies of State and local governments and the
private sector, for national security purposes, including
homeland security;
(2) proposes appropriate modifications of policy, law, and
regulations to eliminate such impediments in order to
facilitate such sharing of classified information for homeland
security purposes, including homeland security; and
(3) outlines a plan of action (including appropriate
milestones and funding) to establish the Terrorist Threat
Integration Center 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.
(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
database-based approach, or other electronic approach, to the
protection of classified information might facilitate the
sharing of classified information.
(c) Coordination With Other Information Sharing Activities.--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.).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Select Committee on Intelligence and the Committees
on Armed Services 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
Representatives.
SEC. 335. REPORT OF SECRETARY OF DEFENSE AND DIRECTOR OF CENTRAL
INTELLIGENCE 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 Department
and the intelligence community on strategic and budgetary
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 Representatives.
SEC. 336. 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 overseas.
(2) The extent to which United States dependence 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 on such computer hardware or software.
(4) Any other matters relating to United States dependence
on such computer hardware or software that the Director
considers appropriate.
(c) Consultation With Private Sector.--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.
(d) Form.--(1) The report under subsection (a) shall be submitted
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 Representatives.
SEC. 337. REPORT ON LESSONS LEARNED FROM MILITARY OPERATIONS IN IRAQ.
(a) Report.--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.
(b) Recommendations.--The report under subsection (a) shall include
such recommendations on means of improving training, equipment,
operations, coordination, and collection of or for intelligence as the
Director considers appropriate.
(c) Form.--The report under subsection (a) shall be submitted in
classified form.
(d) 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 Representatives.
SEC. 338. REPORTS ON CONVENTIONAL WEAPONS AND AMMUNITION OBTAINED BY
IRAQ IN VIOLATION OF CERTAIN UNITED NATIONS SECURITY
COUNCIL RESOLUTIONS.
(a) Preliminary Report.--Not later than 120 days after the date of
the cessation of hostilities in Iraq (as determined by the President),
the Director of the Defense Intelligence Agency shall, after such
consultation with the Secretary of State and the Attorney General as
the Director considers appropriate, submit to the appropriate
committees of Congress a preliminary 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 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 270 days after the date of
the cessation of hostilities in Iraq (as so determined), the Director
shall submit to the appropriate committees of Congress a final report
on the information 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 Committees
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. 339. REPEAL OF CERTAIN REPORT REQUIREMENTS RELATING TO
INTELLIGENCE ACTIVITIES.
(a) Annual Evaluation of Performance and Responsiveness 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 and Special Reports on Disclosure of Intelligence
Information to United Nations.--Section 112 of the National Security
Act of 1947 (50 U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Intelligence Community Cooperation 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
subsections (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 Protection of Covert Agents.--Section 603 of
the National Security Act of 1947 (50 U.S.C. 423) is repealed.
(f) 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.
(g) 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.
(h) Annual Report on Coordination of Counterintelligence Matters
With FBI.--Section 811(c) of the Counterintelligence 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.
(i) Report on Postemployment Assistance for Terminated Intelligence
Employees.--Section 1611 of title 10, United States Code, is amended by
striking subsection (e).
(j) Annual Report on Activities of FBI Personnel Outside the United
States.--Section 540C of title 18, United States Code, is repealed.
(k) 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
(2) by redesignating subparagraph (F) as subparagraph (D).
(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),
(D), (G), (I), (J), and (L); and
(ii) by redesignating subparagraphs (B),
(E), (F), (H), (K), (M), and (N) as
subparagraphs (A), (B), (C), (D), (E), (F), and
(G), respectively; and
(iii) in subparagraph (G), as so
redesignated, by striking ``section 114(c)''
and inserting ``section 114(b)''.
(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 paragraph (1); and
(B) by redesignating paragraphs (2) through (8) as
paragraphs (1) through (7), respectively.
(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 18, united states code.--The table of sections at
the beginning of chapter 33 of title 18, 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.
SEC. 340. REPORT ON OPERATIONS OF DIRECTORATE OF INFORMATION ANALYSIS
AND INFRASTRUCTURE PROTECTION AND TERRORIST THREAT
INTEGRATION CENTER.
(a) Report Required.--The Secretary of Homeland Security 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 Terrorist Threat Integration Center. The report shall include the
following:
(1) An assessment of the operations of the Directorate,
including the capability of the Directorate--
(A) to meet personnel requirements, including
requirements 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
information technology connections between the
Directorate and the other elements of the intelligence
community;
(C) to disseminate intelligence information, or
analyses of intelligence information, to other
departments and agencies 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 access information, including intelligence
and law enforcement information, from the departments
and agencies of the Federal Government, including the
ability 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); and
(F) to fulfill, given the current assets and
capabilities of the Directorate, the responsibilities
set forth in section 201 of the Homeland Security Act
of 2002 (6 U.S.C. 121);
(2) A delineation of the responsibilities and duties of the
Directorate and of the responsibilities and duties of the
Center.
(3) A delineation and summary of the areas in which the
responsibilities and duties of the Directorate and the Center
overlap.
(4) An assessment of whether the areas of overlap, if any,
delineated under paragraph (3) represent an inefficient
utilization of the limited resources of the Directorate and the
intelligence community.
(5) Such information as the Secretary, in coordination with
the Director of Central Intelligence and the Director of the
Federal Bureau of Investigation, considers appropriate 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 through the Under Secretary of Homeland Security for
Information Analysis and Infrastructure 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 submitted
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 Committees
on Governmental Affairs, the Judiciary, and Appropriations 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
Representatives.
Subtitle E--Other Matters
SEC. 351. EXTENSION OF SUSPENSION OF REORGANIZATION OF DIPLOMATIC
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
``SUSPENSION 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. 352. MODIFICATIONS OF AUTHORITIES ON EXPLOSIVE MATERIALS.
(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
Organization (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
cooperation 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
Organization (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
cooperation with the Director of Central Intelligence,
and the shipment, transportation, receipt, or
possession of the explosive materials is in furtherance
of such cooperation;''.
SEC. 353. 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. 354. MODIFICATION TO DEFINITION OF FINANCIAL INSTITUTION IN THE
RIGHT TO FINANCIAL PRIVACY ACT.
The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.)
is amended--
(1) in section 1101(1) (12 U.S.C. 3401(1)), by inserting
``, except as provided in section 1114,'' before ``means any
office''; and
(2) in section 1114 (12 U.S.C. 3414), by adding at the end
the following:
``(c) For purposes of this section, the term `financial
institution' has the same meaning as in section 5312(a)(2) 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, or the United
States Virgin Islands.''.
SEC. 355. COORDINATION OF FEDERAL GOVERNMENT RESEARCH ON SECURITY
EVALUATIONS.
(a) Workshops for Coordination of Research.--The National Science
Foundation and the Office of Science and Technology 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 physiological assessment of individuals to be used in
security evaluations.
(2) To develop a research agenda for the Federal Government
on behavioral, psychological, and physiological assessments 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
assessments of individuals in order 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
assessments 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
Economic 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
designee 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) Report.--Not later than March 1, 2004, the National Science
Foundation and the Office of Science and Technology Policy shall
jointly submit 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.
(f) 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 Foundation 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. 356. TECHNICAL AMENDMENTS.
(a) National Security Act of 1947.--Subsection (c)(1) of section
112 of the National Security Act of 1947, as redesignated by section
339(b) of this Act, is further 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))''.
(2) 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
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) 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))''.
SEC. 357. TREATMENT OF CLASSIFIED INFORMATION IN MONEY LAUNDERING
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
required under this section.''.
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 inserting ``, other than regulations
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
designated 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 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(d)(1) 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
subparagraph (B), the Director'' and inserting ``The
Director''; and
(2) by striking subparagraph (B).
SEC. 404. TECHNICAL AMENDMENT TO 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''.
SEC. 405. CONTRIBUTION BY CENTRAL INTELLIGENCE AGENCY EMPLOYEES OF
CERTAIN BONUS PAY TO THRIFT SAVINGS PLAN ACCOUNTS.
(a) CSRS Participants.--Section 8351(d) of title 5, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) An employee of the Central Intelligence Agency 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 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).
``(B) Contributions under this paragraph are subject to section
8432(d) of this title.''.
(b) FERS Participants.--Section 8432 of title 5, United States
Code, is amended by adding at the end the following new subsection:
``(k)(1) An employee of the Central Intelligence Agency 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 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).
``(2) Contributions under this subsection are subject to subsection
(d).
``(3) For purposes of subsection (c), basic pay of an employee of
the Central Intelligence Agency shall include bonus pay received by the
employee as part of the pilot project referred to in paragraph (1).''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL SECURITY
AGENCY.
(a) Consolidation of Current Provisions on Protection of
Operational Files.--The National Security Act of 1947 (50 U.S.C. 401 et
seq.) is amended by transferring sections 105C and 105D to the end of
title VII and redesignating such sections, as so transferred, as
sections 703 and 704, respectively.
(b) Protection of Operational Files of NSA.--Title VII of such Act,
as amended by subsection (a), is further amended by adding at the end
the following new section:
``operational files of the national security agency
``Sec. 705. (a) Exemption of Certain Operational Files From Search,
Review, Publication, or Disclosure.--(1) Operational files of the
National Security Agency (hereafter in this section referred to as
`NSA') may be exempted by the Director of NSA, in coordination with the
Director of Central Intelligence, from the provisions of section 552 of
title 5, United States Code, which require publication, disclosure,
search, or review in connection therewith.
``(2)(A) In this section, the term `operational files' means--
``(i) files of the Signals Intelligence Directorate, and
its successor organizations, which document the means by which
foreign intelligence or counterintelligence is collected
through technical systems; and
``(ii) files of the Research Associate Directorate, and its
successor organizations, which document the means by which
foreign intelligence or counterintelligence is collected
through scientific and technical systems.
``(B) Files which are the sole repository of disseminated
intelligence, and files that have been accessioned into NSA Archives,
or its successor organizations, are not operational files.
``(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning--
``(A) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
``(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code; or
``(C) the specific subject matter of an investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(i) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(ii) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of NSA.
``(vi) The Office of the Inspector General of the
Department of Defense.
``(vii) The Office of the Director of NSA.
``(4)(A) Files that are not exempted under paragraph (1) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under paragraph (1) of the originating operational files from
search, review, publication, or disclosure.
``(C) The declassification of some of the information contained in
exempted operational files shall not affect the status of the
operational file as being exempt from search, review, publication, or
disclosure.
``(D) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1), and which have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded except
by a provision of law which is enacted after the date of the enactment
of the Intelligence Authorization Act for Fiscal Year 2004, and which
specifically cites and repeals or modifies such provisions.
``(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title 5,
United States Code, alleges that NSA has withheld records improperly
because of failure to comply with any provision of this section,
judicial review shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
``(B) Judicial review shall not be available in the manner provided
for under subparagraph (A) as follows:
``(i) In any case in which information specifically
authorized under criteria established by an Executive order to
be kept secret in the interests of national defense or foreign
relations is filed with, or produced for, the court by NSA,
such information shall be examined ex parte, in camera by the
court.
``(ii) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(iii) When a complainant alleges that requested records
are improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support such
allegation with a sworn written submission based upon personal
knowledge or otherwise admissible evidence.
``(iv)(I) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, NSA shall meet its burden under section
552(a)(4)(B) of title 5, United States Code, by demonstrating
to the court by sworn written submission that exempted
operational files likely to contain responsible records
currently perform the functions set forth in paragraph (2).
``(II) The court may not order NSA to review the content of
any exempted operational file or files in order to make the
demonstration required under subclause (I), unless the
complainant disputes NSA's showing with a sworn written
submission based on personal knowledge or otherwise admissible
evidence.
``(v) In proceedings under clauses (iii) and (iv), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules 26 and
36.
``(vi) If the court finds under this paragraph that NSA has
improperly withheld requested records because of failure to
comply with any provision of this subsection, the court shall
order NSA to search and review the appropriate exempted
operational file or files for the requested records and make
such records, or portions thereof, available in accordance with
the provisions of section 552 of title 5, United States Code,
and such order shall be the exclusive remedy for failure to
comply with this subsection.
``(vii) If at any time following the filing of a complaint
pursuant to this paragraph NSA agrees to search the appropriate
exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such complaint.
``(viii) Any information filed with, or produced for the
court pursuant to clauses (i) and (iv) shall be coordinated
with the Director of Central Intelligence before submission to
the court.
``(b) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of the National Security Agency
and the Director of Central Intelligence shall review the exemptions in
force under subsection (a)(1) to determine whether such exemptions may
be removed from a category of exempted files or any portion thereof.
The Director of Central Intelligence must approve any determination to
remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of a particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant that alleges that NSA has improperly withheld
records because of failure to comply with this subsection may seek
judicial review in the district court of the United States of the
district in which any of the parties reside, or in the District of
Columbia. In such a proceeding, the court's review shall be limited to
determining the following:
``(A) Whether NSA has conducted the review required by
paragraph (1) before the expiration of the 10-year period
beginning on the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2004 or before the expiration
of the 10-year period beginning on the date of the most recent
review.
``(B) Whether NSA, in fact, considered the criteria set
forth in paragraph (2) in conducting the required review.''.
(c) Conforming Amendments.--(1) Section 701(b) of the National
Security Act of 1947 (50 U.S.C. 431(b)) is amended by striking ``For
purposes of this title'' and inserting ``In this section and section
702,''.
(2) Section 702(c) of such Act (50 U.S.C. 432(c)) is amended by
striking ``enactment of this title'' and inserting ``October 15,
1984,''.
(3)(A) The title heading for title VII of such Act is amended to
read as follows:
``TITLE VII--PROTECTION OF OPERATIONAL FILES''.
(B) The section heading for section 701 of such Act is amended to
read as follows:
``protection of operational files of the central intelligence agency''.
(C) The section heading for section 702 of such Act is amended to
read as follows:
``decennial review of exempted central intelligence agency operational
files''.
(d) Clerical Amendments.--The table of contents for the National
Security Act of 1947 is amended--
(1) by striking the items relating to sections 105C and
105D; and
(2) by striking the items relating to title VII and
inserting the following new items:
``Title VII--Protection of Operational Files
``Sec. 701. Protection of operational files of the Central Intelligence
Agency.
``Sec. 702. Decennial review of exempted Central Intelligence Agency
operational files.
``Sec. 703. Protection of operational files of the National Imagery and
Mapping Agency.
``Sec. 704. Protection of operational files of the National
Reconnaissance Office.
``Sec. 705. Protection of operational files of the National Security
Agency.''.
SEC. 502. 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
personnel 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(d)(1) 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. 503. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
(a) Authority.--Funds designated for intelligence or intelligence-
related purposes for assistance to the Government of Colombia for
counterdrug activities for fiscal year 2004 or 2005, 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 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
operations.
(b) Termination of Authority.--The authority provided in subsection
(a) shall cease to be effective if the Secretary of Defense has
credible evidence that the Colombian Armed Forces are not conducting
vigorous operations to restore government authority and respect for
human rights in areas under the effective control of paramilitary and
guerrilla organizations.
(c) Application of Certain Provisions of Law.--Sections 556, 567,
and 568 of Public Law 107-115, section 8093 of the Department of
Defense Appropriations Act, 2002, and the numerical limitations on the
number of United States military personnel and United States individual
civilian contractors in section 3204(b)(1) of Public Law 106-246 shall
be applicable to funds made available pursuant to the authority
contained in subsection (a).
(d) Limitation on Participation of United States Personnel.--No
United States Armed Forces personnel or United States civilian
contractor employed by the United States 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 rescuing
any United States citizen to include United States Armed Forces
personnel, United States civilian employees, and civilian contractors
employed by the United States.
SEC. 504. SCENE VISUALIZATION TECHNOLOGIES.
Of the amount authorized to be appropriated by this Act, $2,500,000
shall be available for the National Imagery and Mapping Agency (NIMA)
for scene visualization technologies.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 2417
_______________________________________________________________________
AMENDMENT