[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2417 Engrossed in House (EH)]
108th CONGRESS
1st Session
H. R. 2417
_______________________________________________________________________
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. Intelligence elements of the Department of the Treasury.
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 notice and wait requirements on projects to
construct or improve intelligence community
facilities.
Subtitle C--Counterintelligence
Sec. 321. Counterintelligence initiatives for the intelligence
community.
Subtitle D--Other Matters
Sec. 331. Extension of suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 332. Modifications of authorities on explosive materials.
Sec. 333. Modification of prohibition on the naturalization of certain
persons.
Sec. 334. Modification to definition of financial institution in the
Right to Financial Privacy Act.
Sec. 335. Procedural requirements for Central Intelligence Agency
relating to products of Federal prison
industries.
Sec. 336. Improvement of information sharing among federal, State, and
local government officials.
Sec. 337. Improvement of recruitment, hiring and retention of ethnic
and cultural minorities in the intelligence
community.
Subtitle E--Reports and Technical Amendments
Sec. 341. 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. 342. Modification of various reports required of intelligence
community elements.
Sec. 343. Technical amendments.
Sec. 344. Report on lessons learned from military operations in Iraq.
Sec. 345. Modification of terrorist identification classification
system.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Protection from tort liability for certain Central
Intelligence Agency personnel.
Sec. 402. Repeal of limitation on use of funds in Central Services
Working Capital Fund.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. Use of funds for counterdrug and counterterrorism activities
for Colombia.
Sec. 502. Authority to provide living quarters for certain students in
cooperative and summer education programs
of the National Security Agency.
Sec. 503. Authority for intelligence community elements of Department
of Defense to award personal service
contracts.
Sec. 504. Protection of certain National Security Agency personnel from
tort liability.
Sec. 505. Measurement and signatures intelligence program.
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 National Reconnaissance Office.
(6) The National Imagery and Mapping Agency.
(7) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Department of Homeland Security.
(14) The Coast Guard.
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 bill H.R. 2417 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 notify promptly the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate 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
$192,640,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for the
Advanced Research and Development Committee 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 320 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 shall
remain available until September 30, 2004.
(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 hereby 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), $34,248,000 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. INTELLIGENCE ELEMENTS OF THE DEPARTMENT OF THE TREASURY.
(a) In General.--(1) Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by adding at the end the following
new section:
``bureau of intelligence and enforcement of the department of the
treasury
``Sec. 119. (a) In General.--There is within the Department of the
Treasury a Bureau of Intelligence and Enforcement headed by an
Assistant Secretary for Intelligence and Enforcement, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(b) Responsibilities.--(1) The Assistant Secretary for
Intelligence and Enforcement shall oversee and coordinate functions of
the Bureau of Intelligence and Enforcement.
``(2) The Assistant Secretary shall report directly to the
Secretary of the Treasury.
``(c) Composition of Bureau.--The Bureau of Intelligence and
Enforcement shall consist of the following offices:
``(1) The Office of Intelligence Support.
``(2) The Office of Foreign Assets Control.
``(3) The Financial Crimes Enforcement Network.
``(4) Such other offices as the Assistant Secretary may
establish.''.
(2) The table of contents contained in the first section of such
Act is amended by inserting after the item relating to section 118 the
following new item:
``Sec. 119. Bureau of Intelligence and Enforcement of the Department of
the Treasury.''.
(b) Consultation with DCI in Appointment of Assistant Secretary for
Intelligence and Enforcement.--Section 106(b)(2) of such Act (50 U.S.C.
403-6(b)(2)) is amended by adding at the end the following new
subparagraph:
``(E) The Assistant Secretary for Intelligence and
Enforcement.''.
(c) Conforming Amendments.--(1) Section 3(4) of such Act (50 U.S.C.
401a(4)) is amended--
(A) by striking ``the Department of the Treasury,'' in
subparagraph (H);
(B) by striking ``and'' at the end of subparagraph (J);
(C) by redesignating subparagraph (K) as subparagraph (L);
and
(D) by inserting after subparagraph (J) the following new
subparagraph:
``(K) the Bureau of Intelligence and Enforcement of
the Department of the Treasury; and''.
(2) 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)''.
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 permitted under the Constitution or authorized
pursuant to the laws of the United States.
Subtitle B--Intelligence
SEC. 311. MODIFICATION OF NOTICE AND WAIT REQUIREMENTS ON PROJECTS TO
CONSTRUCT OR IMPROVE INTELLIGENCE COMMUNITY FACILITIES.
(a) Increase of Thresholds for Notice.--Section 602(a) 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'';
(2) by striking ``$500,000'' each place it appears and
inserting ``$1,000,000''; and
(3) in paragraph (2), as amended by paragraph (2) of this
subsection, by inserting after ``$1,000,000'' the second place
it appears, the following: ``but less than $5,000,000''.
(b) Notice and Wait Requirements for Emergency Projects.--Section
602(b)(2) of the Intelligence Authorization Act for Fiscal Year 1995
(Public Law 103-359; 108 Stat. 3432; 50 U.S.C. 403-2b(b)(2)) is
amended--
(1) in the third sentence, by striking ``21-day'' and
inserting ``7-day''; and
(2) by adding at the end the following new sentence:
``Notwithstanding the preceding provisions of this paragraph,
when the Director of Central Intelligence and Secretary of
Defense jointly determine that an emergency relating to the
national security or to the protection of health, safety, or
environmental quality exists and that delay would irreparably
harm any or all of those interests, the project may begin on
the date the notification is received by such committees.''.
Subtitle C--Counterintelligence
SEC. 321. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE
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
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) FBI Counterintelligence Office.--The Attorney General, acting
through the Director of the Federal Bureau of Investigation, shall
establish an Office of Counterintelligence within the Bureau to
investigate potential espionage activities within the Bureau.
``(c) Annual Review of Dissemination Lists.--(1) The Director of
Central Intelligence shall establish and implement a process for all
elements of the intelligence community (as defined in section 101(4))
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
determined 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.
``(d) Required Completion of Financial Disclosure Statements.--(1)
The Director of Central Intelligence shall establish and implement a
process by which heads of the elements of the intelligence community
(as defined in section 101(4)) direct that all employees, in order to
be granted access to classified information, submit financial
disclosure forms required under section 1.3(b) of Executive Order No.
12969 (August 2, 1995; 60 F.R. 40245; 50 U.S.C. 435 note).
``(2) The Director shall carry out paragraph (1) through the Office
of the National Counterintelligence Executive.
``(e) Arrangements To Handle Sensitive Information.--The Director
of Central Intelligence shall establish, for all elements of the
intelligence community (as defined in section 101(4)), 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 Espionage
Prosecutions.--The Attorney General, acting through the Office of
Intelligence Policy and Review of the Department of Justice, in
consultation with the Office of the National Counterintelligence
Executive, shall establish policies and procedures to assist the
Attorney General in the Attorney General's consideration of
intelligence and national security equities in the development of
charging documents and related pleadings in espionage prosecutions.
Subtitle D--Other Matters
SEC. 331. 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; 115 Stat. 1401; 22 U.S.C. 7301 note), as
amended by section 351 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2401; 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
date on which 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. 332. MODIFICATIONS OF AUTHORITIES ON EXPLOSIVE MATERIALS.
(a) Authority To Distribute Explosive Materials To Qualified
Aliens.--Notwithstanding any other provision of law, it shall be lawful
for any person knowingly to distribute explosive materials to any
qualified alien--
(1) if, in the case of a qualified alien described in
subsection (c)(1), the distribution to, shipment to,
transportation to, receipt by, or possession by the alien of
the explosive materials is in furtherance of such cooperation;
or
(2) if, in the case of a qualified alien described in
subsection (c)(2), the distribution to, shipping to,
transporting to, possession by, or receipt by the alien of
explosive materials is in furtherance of the authorized
military purpose.
(b) Authority for Qualified Aliens To Ship Explosive Materials.--
Notwithstanding any other provision of law, it shall be lawful for a
qualified alien to ship or transport any explosive in or affecting
interstate or foreign commerce or to receive or possess any explosive
which has been shipped or transported in or affecting interstate or
foreign commerce--
(1) if, in the case of a qualified alien described in
subsection (c)(1), the possession, shipment, or transportation
by the alien of the explosive materials is in furtherance of
such cooperation; or
(2) if, in the case of a qualified alien described in
subsection (c)(2), the possession, shipment, or transportation
by the alien of explosive materials is in furtherance of the
authorized military purpose.
(c) Qualified Alien Defined.--In this section, the term ``qualified
alien'' means an alien--
(1) who is lawfully present in the United States in
cooperation with the Director of Central Intelligence; or
(2) who is a member of a North Atlantic Treaty Organization
(NATO), or other friendly foreign military force (as determined
by the Attorney General with the concurrence of 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.
SEC. 333. 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. 334. MODIFICATION TO DEFINITION OF FINANCIAL INSTITUTION IN THE
RIGHT TO FINANCIAL PRIVACY ACT.
(a) In General.--Section 1101(1) of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3401(1)) is amended by inserting ``, except as
provided in section 1114,'' before ``means any office''.
(b) Definition.--Section 1114 of such Act (12 U.S.C. 3414) is
amended 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. 335. PROCEDURAL REQUIREMENTS FOR CENTRAL INTELLIGENCE AGENCY
RELATING TO PRODUCTS OF FEDERAL PRISON INDUSTRIES.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by adding at the end the following new section:
``procedural requirements for central intelligence agency relating to
products of federal prison industries
``Sec. 23. (a) Market Research.--Before purchasing a product listed
in the latest edition of the Federal Prison Industries catalog under
section 4124(d) of title 18, United States Code, the Director shall
conduct market research to determine whether the Federal Prison
Industries product is comparable to products available from the private
sector that best meet the Agency's needs in terms of price, quality,
and time of delivery.
``(b) Competition Requirement.--If the Director determines that a
Federal Prison Industries product is not comparable in price, quality,
or time of delivery to products available from the private sector that
best meet the Agency's needs in terms of price, quality, and time of
delivery, the Director shall use competitive procedures for the
procurement of the product or shall make an individual purchase under a
multiple award contract. In conducting such a competition or making
such a purchase, the Director shall consider a timely offer from
Federal Prison Industries.
``(c) Implementation by Director.--The Director shall ensure that--
``(1) the Agency does not purchase a Federal Prison
Industries product or service unless a contracting officer of
the Agency determines that the product or service is comparable
to products or services available from the private sector that
best meet the Agency's needs in terms of price, quality, and
time of delivery; and
``(2) Federal Prison Industries performs its contractual
obligations to the same extent as any other contractor for the
Agency.
``(d) Market Research Determination Not Subject to Review.--A
determination by a contracting officer regarding whether a product or
service offered by Federal Prison Industries is comparable to products
or services available from the private sector that best meet the
Agency's needs in terms of price, quality, and time of delivery shall
not be subject to review pursuant to section 4124(b) of title 18.
``(e) Performance as a Subcontractor.--(1) A contractor or
potential contractor of the Agency may not be required to use Federal
Prison Industries as a subcontractor or supplier of products or
provider of services for the performance of a contract of the Agency by
any means, including means such as--
``(A) a contract solicitation provision requiring a
contractor to offer to make use of products or services of
Federal Prison Industries in the performance of the contract;
``(B) a contract specification requiring the contractor to
use specific products or services (or classes of products or
services) offered by Federal Prison Industries in the
performance of the contract; or
``(C) any contract modification directing the use of
products or services of Federal Prison Industries in the
performance of the contract.
``(2) In this subsection, the term `contractor', with respect to a
contract, includes a subcontractor at any tier under the contract.
``(f) Protection of Classified and Sensitive Information.--The
Director may not enter into any contract with Federal Prison Industries
under which an inmate worker would have access to--
``(1) any data that is classified;
``(2) any geographic data regarding the location of--
``(A) surface and subsurface infrastructure
providing communications or water or electrical power
distribution;
``(B) pipelines for the distribution of natural
gas, bulk petroleum products, or other commodities; or
``(C) other utilities; or
``(3) any personal or financial information about any
individual private citizen, including information relating to
such person's real property however described, without the
prior consent of the individual.
``(g) Application of Provision.--This section is subject to the
preceding provisions of this Act, and shall not be construed as
affecting any right or duty of the Director under those provisions.
``(h) Definitions.--In this section:
``(1) The terms `competitive procedures' and `procurement'
have the meanings given such terms in section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403).
``(2) The term `market research' means obtaining specific
information about the price, quality, and time of delivery of
products available in the private sector through a variety of
means, which may include--
``(A) contacting knowledgeable individuals in
government and industry;
``(B) interactive communication among industry,
acquisition personnel, and customers; and
``(C) interchange meetings or pre-solicitation
conferences with potential offerors.''.
SEC. 336. IMPROVEMENT OF INFORMATION SHARING AMONG FEDERAL, STATE, AND
LOCAL GOVERNMENT OFFICIALS.
(a) Pilot Project To Encourage State and Local Officials, As Well
As Representatives of Critical Infrastructure, To Collect and Share
Relevant Information.--Section 892(c) of the Homeland Security Act of
2002 (Public Law 107-296; 6 U.S.C. 482) is amended by adding at the end
the following new paragraph:
``(3)(A) The Under Secretary for Information Analysis and
Infrastructure Protection of the Department of Homeland
Security, in consultation with the Director of Central
Intelligence, may conduct projects in several cities to
encourage officials of State and local government, as well as
representatives of industries that comprise the critical
infrastructure in those cities to lawfully collect and to pass
on to the appropriate Federal officials information vital for
the prevention of terrorist attacks against the United States.
``(B) The Director of Central Intelligence shall carry out
any duty under this paragraph through the Director of the
Terrorist Threat Integration Center.
``(C) Under the projects, training shall be provided to
such officials and representatives to--
``(i) identify sources of potential threats through
such methods as the Secretary determines appropriate;
``(ii) report information relating to such
potential threats to the appropriate Federal agencies
in the appropriate form and manner; and
``(iii) assure that all reported information is
systematically submitted to and passed on by the
Department for use by appropriate Federal agencies.
``(D) The Under Secretary shall carry out the pilot project
under this paragraph for a period of 3 years.
``(E) Not later than 1 year after the implementation of the
pilot project, and annually thereafter, the Under Secretary
shall submit to Congress a report on the pilot project
conducted under this paragraph. Each such report shall
include--
``(i) an assessment of the effectiveness of the
project; and
``(ii) recommendations on the continuation of the
project as well as any recommendations to improve the
effectiveness of information collection and sharing by
such officials and representatives and the Federal
Government.''.
(b) Pilot Project To Test Use of Tear-line Intelligence Reports.--
(1) Subtitle C of title II of the Homeland Security Act of 2002 (Public
Law 107-296) is amended by adding at the end the following new section:
``SEC. 226. PILOT PROJECT TO TEST USE OF TEAR-LINE INTELLIGENCE
REPORTS.
``(a) Authority.--The Under Secretary for Information Analysis and
Infrastructure Protection of the Department of Homeland Security, in
consultation with the Director of Central Intelligence, may carry out a
pilot program under which the Under Secretary may make intelligence
information in the possession of the Department available to officials
of State and local governments through the use of tear-line
intelligence reports.
``(b) Tear-line Intelligence Reports Described.--For purpose of
this section, a tear-line report is a report containing intelligence
gathered by an agency or department of the United States that is in the
possession of the Department that is prepared in a manner such that
information relating to intelligence sources and methods is easily
severable from the report to protect such sources and methods from
disclosure. Such a report may be in a paper or an electronic format.
``(c) Duration of Project.--The Under Secretary shall carry out the
pilot project under this section for a period of 3 years.
``(d) Reports to Congress.--Not later than 1 year after the
implementation of the pilot project, and annually thereafter, the Under
Secretary shall submit to Congress a report on the pilot project
conducted under this section, and shall include in the report an
assessment of--
``(1) the effectiveness of the use of the tear-line reports
in providing intelligence information on a timely basis to
State and local authorities; and
``(2) if the use of such tear-line reports were to be made
permanent, whether additional safeguards are needed with
respect to the use of such reports.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary such sums as may be necessary to
carry out this section.''.
(2) The table of contents in section 1(b) of such Act is amended in
subtitle C of title II by adding at the end the following new item:
``Sec. 226. Pilot project to test use of tear-line intelligence
reports.''.
(c) Homeland Defender Intelligence Training Program.--
(1) Establishment of program.--The Director of Central
Intelligence may establish a comprehensive program of
orientation and training to qualified State and local officials
in accessing and using available resources of the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401(4))).
(2) Consultation.--Insofar as the Director establishes the
intelligence training program under paragraph (1), the Director
shall consult and coordinate with the director of the Federal
Bureau of Investigation and the Secretary of Homeland Security
on the development and administration of the program.
(3) Program goals.--Any intelligence training program
established under paragraph (1) shall provide qualified State
and local officials instruction on the mission and roles of the
intelligence community to promote more effective information
sharing among Federal, State, and local officials to prevent
terrorist attacks against the United States.
(4) Curriculum.--Insofar as the Director establishes the
intelligence training program under paragraph (1), the Director
shall develop a curriculum for the program after consultation
with qualified State and local officials. The curriculum shall
include classroom instruction with respect to and orientation
to the various elements of the intelligence community.
(5) Reports to congress.--Not later than 1 year after the
initial implementation of the intelligence training program
under paragraph (1), and annually thereafter, the Director
shall submit to Congress a report on the program. Each such
report shall include--
(A) an assessment of the effectiveness of the
project; and
(B) recommendations on the continuation of the
project as well as any recommendations to improve the
effectiveness of information collection and sharing by
qualified officials and representatives and the Federal
Government.
(6) Qualified state and local officials defined.--For
purposes of this subsection, the term ``qualified State and
local officials'' means officials of State and local government
agencies that Director of Central Intelligence determines--
(A) have received appropriate security clearances
from the Director of the Federal Bureau of
Investigation for access to classified information; and
(B) oversee or manage first responders or
counterterrorism activities.
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Director such sums as are necessary
to carry out the intelligence training program under this
subsection.
(d) Advisory Councils.--(1) The Director of the Terrorist Threat
Integration Center shall establish two advisory councils (described in
paragraph (2)) to provide the Director such advice and recommendations
as the Director may require to effectively carry out the functions of
the Center.
(2)(A) One advisory council shall have as its focus privacy and
civil liberties issues.
(B) The other advisory council shall have as its focus State and
local government information needs.
SEC. 337. IMPROVEMENT OF RECRUITMENT, HIRING AND RETENTION OF ETHNIC
AND CULTURAL MINORITIES IN THE INTELLIGENCE COMMUNITY.
(a) Pilot Project to Improve Diversity Throughout the Intelligence
Community Using Innovative Methodologies for the Recruitment, Hiring
and Retention of Ethnic and Cultural Minorities and Women With the
Diversity of Skills, Languages and Expertise Reflective of the Current
Mission.--The Director of Central Intelligence shall carry out a pilot
project under this section to test and evaluate alternative, innovative
methods to recruit and hire for the intelligence community women and
minorities with diverse ethnic and cultural backgrounds, skills,
language proficiency, and expertise.
(b) Methods.--In carrying out the pilot project, the Director shall
employ methods such as advertising in foreign language newspapers in
the United States, site visits to institutions with a high percentage
of students who study English as a second language, and other methods
that are not used by the Director under the DCI Diversity Strategic
Plan to increase diversity of officers and employees in the
intelligence community.
(c) Duration of Project.--The Director shall carry out the project
under this section for a 3-year period.
(d) 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 as for improving the effectiveness of the project in
meeting the goals of increasing the recruiting and hiring of
women and minorities within the intelligence community.
(e) 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 intelligence 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 the recruitment and hiring of women and
minorities that the Director has determined to be effective from the
pilot project carried out under this section.
(f) Definition.--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))).
Subtitle E--Reports and Technical Amendments
SEC. 341. 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 Intelligence
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. 342. MODIFICATION OF VARIOUS REPORTS REQUIRED OF INTELLIGENCE
COMMUNITY ELEMENTS.
(a) 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; 110 Stat. 3474; 50 U.S.C. 2366), as
amended by section 811(b)(5)(C) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2424; 50 U.S.C.
2366), is amended by striking ``a semiannual'' and inserting ``an
annual''.
(b) Periodic and Special Reports on Disclosure of Intelligence
Information to United Nations.--Section 112(b)(1) of the National
Security Act of 1947 (50 U.S.C. 404g(b)(1)) is amended by striking
``semiannually'' and inserting ``annually''.
SEC. 343. 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 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by
striking ``section 103(c)(6)'' and inserting ``section 103(c)(7)''.
(2) Section 15 of such 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))''.
(f) 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. 344. 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,
including lessons relating to the following:
(1) The tasking, collection, processing, exploitation,
analysis, and dissemination of intelligence.
(2) Accuracy, timeliness, and objectivity of intelligence
analysis.
(3) Intelligence support to policymakers and members of the
Armed Forces in combat.
(4) Coordination of intelligence activities and operations
with military operations.
(5) Strengths and limitations of intelligence systems and
equipment.
(6) Such other matters as the Director considers
appropriate.
(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 Representatives;
and
(2) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
SEC. 345. MODIFICATION OF TERRORIST IDENTIFICATION CLASSIFICATION
SYSTEM.
(a) Certification Requirement for Consolidation of Watch Lists.--
Subsection (g)(1) of section 343 of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2399; 50 U.S.C.
404n2) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Whether further consolidation or elimination of watch
list databases in the departments and agencies with access to
the System would contribute to the efficiency and effectiveness
of the System in identifying individuals who are known or
suspected international terrorists.''; and
(3) in subparagraph (E), as so redesignated, by adding at
the end the following: ``If the certification under
subparagraph (D) is in the positive, the steps required to
consolidate or eliminate such watch lists.''.
(b) Establishment of Advisory Council.--Subsection (b) of such
section is amended by adding at the end the following new paragraph:
``(4) The Director shall establish an advisory council comprised of
experts in the field of civil liberties and privacy issues to advise
the Director on issues of civil liberties and privacy as they relate to
the maintenance of the System.''.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. PROTECTION FROM TORT LIABILITY FOR CERTAIN CENTRAL
INTELLIGENCE AGENCY PERSONNEL.
(a) In General.--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) shall be
deemed 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 if the Agency personnel
take reasonable action, which may include the use of force, to--
``(A) protect an individual in the presence of the 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 the Agency
personnel reasonably believe to have committed a crime of
violence in the presence of such personnel.
``(2) In this subsection, the term `crime of violence' has the
meaning given that term in section 16 of title 18, United States
Code.''.
(b) Construction.--Subsection (d) of section 15, as added by
subsection (a), shall not be construed as affecting the authorities of
the Attorney General under the Federal Employees Liability Reform and
Tort Compensation Act of 1988 (Public Law 100-694; 28 U.S.C. 2671,
2674, 2679(b), 2679(d)).
SEC. 402. REPEAL OF 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).
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
SEC. 501. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES
FOR COLOMBIA.
(a) Extension of Authority.--Subsection (a) of section 501 of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-
306; 116 Stat. 2404) is amended by striking ``for fiscal years 2002 and
2003'' and inserting ``for each of fiscal years 2002 through 2005''.
(b) Modification.--(1) Subsection (e) of such section is amended to
read as follows:
``(e) Prohibition.--No United States Armed Forces personnel, United
States civilian employee or contractor engaged 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 to
protect the life or the physical security of others, in self defense,
or during the course of search and rescue operations.''.
(c) Technical Amendment.--Subsection (d) of such section is amended
by striking ``Sections 556, 567, and 568 of Public Law 107-115, section
8093 of the Department of Defense Appropriations Act, 2002,'' and
inserting ``Section 553 and the certification requirements of section
564(a)(2) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 200, 205), and section 8093 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1558; 10 U.S.C.
182 note),''.
(d) Effective Date.--The amendments made by subsections (b) and (c)
shall apply to assistance made available under such section 501 during
fiscal years 2004 and 2005.
SEC. 502. AUTHORITY TO PROVIDE LIVING QUARTERS FOR CERTAIN STUDENTS IN
COOPERATIVE AND SUMMER EDUCATION PROGRAMS OF THE NATIONAL
SECURITY AGENCY.
Section 2195 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Director of the National Security Agency may provide a
qualifying employee of a defense laboratory of that Agency with living
quarters at no charge, or at a rate or charge prescribed by the
Director by regulation, without regard to section 5911(c) of title 5.
``(2) In this subsection, the term `qualifying employee' means a
student who is employed at the National Security Agency under--
``(A) a Student Educational Employment Program of the
Agency conducted under this section or any other provision of
law; or
``(B) a similar cooperative or summer education program of
the Agency that meets the criteria for Federal cooperative or
summer education programs prescribed by the Office of Personnel
Management.''.
SEC. 503. AUTHORITY FOR INTELLIGENCE COMMUNITY ELEMENTS OF DEPARTMENT
OF DEFENSE TO AWARD PERSONAL SERVICE CONTRACTS.
(a) In General.--Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 426. Personal services contracts: authority and limitations
``(a) Personal Services.--(1) The Secretary of Defense may,
notwithstanding section 3109 of title 5, enter into personal services
contracts in the United States if the personal services directly
support the mission of a defense intelligence component or counter-
intelligence organization.
``(2) The contracting officer for a personal services contract
shall be responsible for ensuring that a personal services contract is
the appropriate vehicle for carrying out the purpose of the contract.
``(b) Definition.--In this section, the term `defense intelligence
component' means a component of the Department of Defense that is an
element of the intelligence community, as defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``426. Personal services contracts: authority and limitations.''.
SEC. 504. 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. 505. MEASUREMENT AND SIGNATURES INTELLIGENCE RESEARCH PROGRAM.
(a) Research Program.--The Secretary of Defense, acting through the
Director of the Defense Intelligence Agency's Directorate for MASINT
and Technical Collection, shall 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 is applicable to such systems.
(b) Program Components.--The program under subsection (a) shall
review and assess both basic research on sensors and technologies
conducted 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 potential benefits in
an equitable manner through 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 laboratories, universities,
and private sector entities.
(B) For purposes of this subsection the term ``MASINT community''
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-governmental
participants on the advisory panel to defray the expenses of the
advisory panel.
Passed the House of Representatives June 27 (legislative
day, June 26), 2003.
Attest:
Clerk.
108th CONGRESS
1st Session
H. R. 2417
_______________________________________________________________________
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.