Congressional Record: July 31, 2003 (Senate)
Page S10847-S10866
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004
Mr. SUNUNU. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 172, S. 1025.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1025) 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.
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Select Committee on
Intelligence, with amendments, as follows:
[Strike the parts shown in black brackets and insert the
part shown in italic.]
S. 1025
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. 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. Use of funds for counterdrug and counterterrorism activities
for Colombia.
Sec. 314. Pilot program on analysis of signals and other intelligence
by intelligence analysts of various elements of the
intelligence community.
Sec. 315. Pilot program on training for intelligence analysts.
Sec. 316. Extension of National Commission for the Review of the
Research and Development Programs of the United States
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.
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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.
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.
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.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
[Sec. 501. Protection of operational files of the National Security
Agency.]
Sec. 501. Protection of operational files of the National Security
Agency.
[Sec. 502. Provision of affordable living quarters for certain students
working at National Security Agency laboratory.]
Sec. [503] 502. Protection of certain National Security Agency
personnel from tort liability.
[Sec. 504. Authority for intelligence community elements of Department
of Defense to award personal service contracts.]
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
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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. 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, 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. 314. 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
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 and
the Secretary of Defense shall jointly 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. 315. 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.
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(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. 316. 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,".
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 heads of the elements of the
intelligence community shall jointly 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
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(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 Committee
on Armed Services of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Select Committee on Homeland Security, and the Committee on
Armed Services 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 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 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. 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 Russian Nuclear Facilities and
Forces.--Section 114 of the National Security Act of 1947, as
amended by subsection (c) of this section, is further
amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively.
(e) Annual Report on Covert Leases.--Section 114 of the
National Security Act of 1947, as amended by this section, is
further amended--
[[Page S10852]]
(1) by striking subsection (c); and
(2) by striking subsection (d).
(f) Annual Report on Protection of Covert Agents.--Section
603 of the National Security Act of 1947 (50 U.S.C. 423) is
repealed.
(g) 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.
(h) 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.
(i) 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.
(j) Reports on Decisions Not To Prosecute Violations of
Classified Information Procedures Act.--Section 13 of the
Classified Information Procedures Act (18 U.S.C. App.) is
amended--
(1) by striking subsections (a) and (b); and
(2) by striking "(c)".
(k) Report on Postemployment Assistance for Terminated
Intelligence Employees.--Section 1611 of title 10, United
States Code, is amended by striking subsection (e).
(l) Annual Report on Activities of FBI Personnel Outside
the United States.--Section 540C of title 18, United States
Code, is repealed.
(m) 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).
(n) 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 (E), as so redesignated, by striking
"section 114(c)" and inserting "section 114(a)"; and
(B) in paragraph (2)--
(i) by striking subparagraphs (A), (E), and (F);
(ii) by redesignating subparagraphs (B), (D), and (G) as
subparagraphs (A), (B), and (C), respectively; and
(iii) in subparagraph (A), as so redesignated, by striking
"section 114(d)" and inserting "section 114(b)"; and
(2) in subsection (b)--
(A) by striking paragraph (1) and (3); and
(B) by redesignating paragraphs (2), (4), (5), (6), (7),
and (8) as paragraphs (1), (2), (3), (4), (5), and (6),
respectively.
(o) 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.
(p) Effective Date.--The amendments made by this section
shall take effect on December 31, 2003.
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.
[[Page S10853]]
(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
6 of the Central Intelligence Agency Act of 1949 (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))".
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".
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) The
Director of the National Security Agency, with the
coordination of the Director of Central Intelligence, may
exempt operational files of the National Security Agency from
the provisions of section 552 of title 5, United States Code,
which require publication, disclosure, search, or review in
connection therewith.
["(2)(A) Subject to subparagraph (B), in this section, the
term `operational files' means files of the National Security
Agency (hereafter in this section referred to as `NSA') which
document the means by which foreign intelligence or
counterintelligence is collected through technical systems.
["(B) Files which are the sole repository of disseminated
intelligence 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 Permanent Select Committee on Intelligence of
the House of Representatives.
["(ii) 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.
[[Page S10854]]
["(vi) 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 National
Defense 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. 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.
[[Page S10855]]
"(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. PROVISION OF AFFORDABLE LIVING QUARTERS FOR
CERTAIN STUDENTS WORKING AT NATIONAL SECURITY
AGENCY LABORATORY.
[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 affordable living quarters to a student in the
Student Educational Employment Program or similar program (as
prescribed by the Office of Personnel Management) while the
student is employed at the laboratory of the Agency.
["(2) Notwithstanding section 5911(c) of title 5, living
quarters may be provided under paragraph (1) without charge,
or at rates or charges specified in regulations prescribed by
the Director.".]
SEC. [503] 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. 504. AUTHORITY FOR INTELLIGENCE COMMUNITY ELEMENTS OF
DEPARTMENT OF DEFENSE TO AWARD PERSONAL SERVICE
CONTRACTS.
[(a) Authority.--Notwithstanding any other provision of
law, amounts appropriated or otherwise made available to a
covered component of the Department of Defense may be
expended for personal service contracts necessary to carry
out the mission of the covered component, including personal
services without regard to limitations on types of persons to
be employed.
[(b) Covered Component of the Department of Defense
Defined.--In this section, the term "covered component of
the Department of Defense" means any element of the
Department of Defense that is a component of the intelligence
community as set forth in or designated under section 3(4) of
the National Security Act of 1934 (50 U.S.C. 401a(4)).]
Mr. ROBERTS. Mr. President, I am pleased to appear before my
colleagues to support early Senate passage of the fiscal year 2004
intelligence authorization bill. This is a good bill, crafted within
the unique bipartisan process used for over a quarter century by the
Senate Intelligence Committee.
No bipartisan effort can be effective without good personal
cooperation. I
[[Page S10856]]
have received such cooperation from my friend and colleague, the
distinguished Vice Chairman, Senator Rockefeller. It is a privilege to
be working with him on these important national security issues.
This bill will serve our Nation's security interests during a time of
troubling international conflict. I would like to review a few of the
bill's significant provisions and some of the difficult budget choices
which the Intelligence Committee made.
The version of our bill which Senators are considering reflects
changes which the Armed Services Committee made to the bill on
sequential referral. The Intelligence Committee and Armed Services
Committee reconciled differences in the bills amicably and
professionally, with the equities of both committees in mind.
The unclassified fiscal year 2004 intelligence bill contains
reasonable new management and national security authorities for the
intelligence community.
For example, section 311 will give the intelligence community
additional flexibility to act quickly to meet higher priority needs by
eliminating the "unforeseen requirements" criterion for
reprogrammings.
Section 312 of the bill accounts for increased construction costs by
raising (but not eliminating) the thresholds for notification to
Congress on certain intelligence community construction and renovation
projects and by shortening or removing the waiting period for beginning
urgent or emergency projects.
Section 315 would set up a program to cultivate and encourage college
students to become intelligence analysts. Good analysts do not grow on
trees. As the intelligence community fights the war on terrorism, good
language and area specialists are more important than ever.
The bill also creates a series of "one-time" reporting requirements
in critical areas. Many of these reports will form the basis for
committee efforts to address the concerns outlined in the report of the
joint inquiry into the attacks of September 11. For example, we require
reports on the following topics: The threat that "cleared insiders"
like Robert Hanssen pose to classified computer networks; the adequacy
and future direction of U.S. Government security investigations and
clearance procedures; the creation of a "community of intelligence
experts" by transferring civilian intelligence personnel among all
elements of the intelligence community; the modifications to law and
policy necessary to facilitate intelligence sharing; the strategic
planning by the Director of Central Intelligence and Secretary of
Defense with respect to the intelligence community; and the growing
dependence by the United States on computer hardware and software
manufactured overseas.
Two of the reporting requirements deal with Iraq.
Section 337 requires a report to the Congress on Intelligence lessons
learned in Iraq--similar to a provision in the current House
intelligence bill. Section 338 of the bill requires a report on the
conventional arms and ammunition acquired by Saddam Hussein in
violation of U.N. sanctions. Given the subject matter, these reports
will also be made available to the Senate Foreign Relations and House
International Relations Committees.
Section 339 reduces burdens on the intelligence community and
reconciles oversight priorities by repealing a number of recurring
reporting requirements relating to intelligence activities. Reviewing
reporting requirements and clearing out the cobwebs is a healty
exercise for any committee.
In title IV of the bill, there are notable "CIA-specific"
provisions.
Section 401 removes the "prior notification" requirement for a
limited category of CIA "quality of life" benefits that have already
been authorized by law for members of the Foreign Service. It does not
disturb advance notification requirements for agency-unique benefits
adopted under the CIA Act.
Section 402 affords tort immunity benefits to CIA security protective
officers (SPOs) and protective detail personnel designated by the DCI
to protect certain agency employees, defectors, their immediate
families, and other persons in the U.S. under CIA auspices. The
provision would afford to SPOs and protective details the same
protection against liability for assault, battery, false arrest,
negligence, and other common law torts that certain law enforcement and
Diplomatic Security Service officers enjoy already.
Section 404 of our bill is a technical amendment to the recently
passed Federal Information Security Management Act (FISMA) of 2002. The
FISMA amendment permits inspector generals authorized by laws other
than the Inspector General Act, such as the CIA inspector general, to
perform security evaluations on information systems at their respective
agencies.
Title V of the bill contains provisions related to intelligence
community elements residing in DOD.
Section 501 of the bill would exempt certain National Security Agency
operational files from disclosure under the Freedom of Information Act
and is identical to the provision recently approved by the Senate in
the Defense Authorization bill.
Section 503 allows designated NSA security officers to carry firearms
while on official duty to protect NSA employees and property in the
U.S. This provision would provide virtually identical protections to
those in Section 402 for CIA security protective officers.
Turning to the budget, when we began to review the President's fiscal
year 2004 request, I became very concerned at the recent growth in
intelligence funding.
There is clearly not enough money in future years to fully fund the
intelligence programs in this year's budget request. That is the sad
reality of this budget. The intelligence community is stretched thin,
with far more requirements than available funds. Too many projects and
activities have been started that cannot be accommodated in the top
line. It does not matter what caused this problem. The problem exists.
A significant issue that must be addressed by the executive branch is
the manner in which cost estimates for the procurement of major
intelligence community systems are conducted. The magnitude and
consistency in the cost growth on recent acquisitions indicates a
systemic intelligence community bias to underestimate the cost of major
systems.
This "perceived affordability" creates difficulties in the out
years as the National Foreign Intelligence Program becomes burdened
with content that is more costly than the budgeted funding. This
underestimation of future costs has resulted in significant reshuffling
of the NFIP to meet emerging shortfalls.
Unless there is a dramatic and sustained increase in the intelligence
budget, we face some hard choices. My colleagues and I decided that
there is no time like the present to make them. In the reported bill,
we have made an effort to address some of the shortfalls that came to
light as a result of the joint inquiry into the September 11 attacks.
In this bill, the committee tries to emphasize programs which begin to
correct those deficiencies.
We also sought to support the war on terrorism by supporting related
intelligence community programs. We try, in this measure, to accelerate
advanced technology programs to provide better intelligence in the
future. In the managers' amendment, we would statutorily mandate a
fundamentally more sound approach to cost estimates for major systems.
In short, the committee made some tough choices. It is our hope that
some of the additional programs we were forced to cut can be funded
through alternative means.
In closing, we have vetted and prepared a managers' amendment that
reflects a number of additional items which Senator Rockefeller and I
recommend for Senate passage in this bill. we have included some highly
technical corrections to the bill and have worked to address concerns
expressed by some Members regarding the committee's attempt to relieve
the intelligence community from burdensome and dated reporting
requirements.
We have also added several substantive provisions, based on
supporting materials supplied by the administration and further
investigation by the committee staff. Our amendments would: create a
one-time report to examine the analytic arm of the Department of
Homeland Security and the interaction between the Department and the
Terrorist Threat Integration Center (TTIC); require the preparation and
submission of independent
[[Page S10857]]
cost estimates to accompany budget requests for major systems
acquisitions over $500,000,000, and require the preparation of budgets
consistent with these estimates; help prevent money laundering by
ensuring ex parte and in camera review by the presiding judge of
classified information used to identify jurisdictions, institutions,
transactions, and accounts that are of primary money laundering
concern; and permit Central Intelligence Agency employees in the
compensation reform pilot program to contribute bonus pay to their
Thrift Savings Plan--an added incentive for exceptional performers.
The committee staff and I will provide any member additional
information concerning any of the provisions or programs in the
intelligence bill. Again, I urge my colleagues to support the bill.
Mr. ROCKEFELLER. Mr. President, I am pleased to join the
distinguished chairman of the Select Committee on Intelligence in
presenting S. 1025, the proposed Intelligence Authorization Act for
fiscal year 2004, which will begin on October 1, 2003. I would like to
join the chairman in noting the bipartisan manner in which the
committee approaches its legislative work, and congratulate him for his
leadership in maintaining that tradition.
The bill has two main functions.
First, the bill authorizes the appropriation of funds for the
intelligence and intelligence-related activities of the Central
Intelligence Agency, the Defense Intelligence Agency, the National
Security Agency, the FBI, and other intelligence elements of the U.S.
Government. For the first time, the intelligence component of the
Department of Homeland Security is included in the annual intelligence
authorization. The actual appropriation of funds, of course, must be
made in separate appropriation legislation that will follow, within the
parameters set by this authorization legislation.
Second, the bill establishes or amends legal authority for the
intelligence community or directs the preparation of reports by the
Director of Central Intelligence or heads of components of the
intelligence community.
The classified nature of United States intelligence activities
prevents us from disclosing publicly the details of our budgetary
recommendations. Accordingly, nearly all our budgetary recommendations
are in a classified annex. The annex is available to all Members of the
Senate, either at the Intelligence Committee or S-407 in the Capitol.
Ten years ago this November, I joined a majority of Senate colleagues
in voting to express the sense of Congress that the aggregate amount
requested, authorized, and spent for intelligence and intelligence-
related activities should be disclosed to the public in an appropriate
manner. The House opposed the provision.
I continue to believe we should find a means, consistent with
national security, of sharing with the American taxpayer information
about the total amount, although not the details, of our intelligence
spending. One reason is illustrated by this year's intelligence
authorization report in the House. The House committee found that the
U.S. intelligence community has been recovering from cutbacks in
budgets, personnel, and capabilities that followed the cold war. But
how can the American people know, in a timely way, not years later,
when there are cutbacks? How can they make their opinions known unless
the President and Congress give them basic information on the overall
size of the intelligence budget? Further, in holding the intelligence
community accountable for performance, citizens should know the
Nation's overall investment in intelligence.
We are on the threshold of important decisions about the future of
the U.S. intelligence community. Last week's 911 report of the
congressional intelligence committees has shed additional light on
major problems of U.S. intelligence before the terrorist attacks of
September 11. As it works toward its final report next year, the
independent National Commission on Terrorist Attacks Upon the United
States, building on the foundation laid by the joint inquiry, will be
adding information and insights. And the Senate and House Intelligence
Committees each are in the midst of extensive examinations of U.S.
intelligence on Iraq.
It is fair to say, I believe, that rarely before have we had as much
information about the performance of U.S. intelligence. With that
knowledge comes a responsibility, for the intelligence committees,
Congress as a whole, the intelligence community, and the President, to
complete the improvements that the facts show are required. But we do
not have the luxury to wait for further reports to begin reforms. Al-
Qaida and other terrorist organizations cannot be expected to take a
holiday while additional studies are done, and so we must take critical
initial steps now.
The need for improving information sharing and the need for enhancing
intelligence community analyses were high among the recommendations of
the joint 911 inquiry.
Last November, the Congress took a key step in improving information
sharing in establishing, in the Department of Homeland Security, a
Directorate for Information Analysis and Infrastructure Protection.
Last month, on the favorable recommendation of our committee, the
Senate confirmed retired Marine Corps General Frank Libutti to be Under
Secretary in charge of that Directorate. As set forth in the Homeland
Security Act, he is to have access to law enforcement, intelligence
information, and other information from Federal, State, and local
agencies, and is to integrate that information to identify terrorist
threats to the U.S. homeland. The President took a further and somewhat
different step in integrating threat information, in ordering this past
January the establishment of a Terrorist Threat Integration Center
under the Director of Central Intelligence.
The successful integration of terrorism threat information--including
ensuring that terrorism threat matters do not fall between a crack
between the Homeland Security Directorate established by Congress and
the Center established by the President, is a great organizational
challenge facing the intelligence community this year. Our managers'
amendment calls for a comprehensive report on the operations of the
Homeland Security Directorate and the Terrorist Threat Integration
Center. The Congress should use that information as a basis for
vigorous oversight and further legislation if needed.
Our need to integrate information is not limited to terrorism
threats. It extends across the spectrum of U.S. intelligence. To that
end, section 314 directs the Director of Central Intelligence to carry
out a pilot program on the advisability of permitting intelligence
analysis of various elements of the intelligence community to access
and analyze intelligence from the databases of other elements of the
intelligence community. Our bill requires that the program include
National Security Agency signals intelligence, but also authorizes the
Director of Central Intelligence to extend it to other intelligence
units. The program is to enhance the intelligence community's capacity
for "all source fusion" analysis in support of its functions. The
Director of Central Intelligence and the Secretary of Defense are to
assess the pilot program and report to Congress.
Another provision, section 334, will start a process for Presidential
review, and then congressional consideration, of policies and
regulations that may impede sharing, for national and homeland security
purposes, of classified information among Federal agencies, and between
them and State and local governments or the private sector.
To increase the number of trained intelligence analysis, section 315
directs the Director of Central Intelligence to carry out and report to
Congress on a pilot program on the feasibility and advisability of
preparing selected students, through a program similar to the
Department of Defense's Reserve Officers' Training Corps, for
employment as intelligence analysts.
Greater integration in the intelligence community is an imperative
that goes beyond information sharing and analysis. Another long-term
objective of the bill, set forth in section 335, is to improve
coordination between the Department of Defense and the intelligence
community concerning strategic and budgetary planning. With the growing
importance of intelligence to military operations, the Department of
Defense should recognize the contribution the Director of Central
Intelligence can make in the development of national military strategy.
[[Page S10858]]
Three sections of our bill address important information security and
counterintelligence issues.
Section 331 addresses the danger posed by disloyal cleared insiders
who have access to vulnerable computers and computer systems, as
exemplified in the Brian Regan and Robert Hanssen espionage cases. The
bill directs the submission of a report by the Director of Central
Intelligence and the Secretary of Defense which describes in detail
what steps are being taken to eliminate these threats, including any
budget requirements to address shortfalls.
Section 332 calls for a report on security clearance procedures in
the Federal Government. Our report notes that most publicly known
instances of foreign espionage in the United States have involved
persons who legitimately obtained clearances before deciding to betray
our country. The committee has identified as a subject for assessment,
the relative risks of disloyalty before clearance and after clearance.
We need to learn from the experience of past betrayals. Accordingly,
the committee is asking that a joint report of the Director of Central
Intelligence and Secretary of Defense recommend how background
investigations might in the future be better targeted to historically
verifiable counterintelligence vulnerabilities.
Section 336 addressed a further security vulnerability, namely, the
extent of the dependence of the United States on computer hardware or
software manufactured overseas. Our report notes that most leading
suppliers of hardware and software to the United States are countries
that the FBI indicates are engaged in economic espionage against us.
Section 336 would direct the Director of Central Intelligence to submit
a report to assist Congress in developing policies that address this
new vulnerability.
Finally, I would like to make an observation about our committee's
future work on intelligence legislation. There are important issues
identified by the joint 9/11 inquiry, including fundamental ones about
the leadership of the intelligence community, that must be on our
agenda for future action.
The joint inquiry recommended that Congress establish a Director of
National Intelligence who, in addition to being the President's
principal adviser on intelligence, shall have the management,
budgetary, and personnel powers needed to make the entire U.S.
intelligence community operate as a coherent whole. The joint inquiry
recommended that in order to ensure this leadership, Congress should
require that no person may simultaneously serve as both the Director of
National Intelligence and as CIA Director or as the director of any
other specific intelligence agency. Earlier this year, a member of our
committee, Senator Feinstein, introduced legislation on that subject.
And Senator Graham has now introduced legislation, which I am
privileged to cosponsor, that includes Senator Feinstein's bill as part
of a comprehensive measure to implement the recommendations of the
joint inquiry.
Our Committee's present bill is a good downpayment on the reforms
that we should be considering in the time ahead. I urge both the
passage of the intelligence authorization bill as well as renewal of
our commitment to work together on the continuing task of improving our
intelligence community.
Mr. SUNUNU. Mr. President, I ask unanimous consent that the Armed
Services Committee amendments be agreed to and considered as original
text for the purpose of further amendment; that the managers' amendment
be agreed to; that the bill, as amended, be read a third time; that the
Senate then proceed to Calendar No. 184, H.R. 2417, the House
companion, that all after the enacting clause be stricken and the text
of S. 1025, as amended, be inserted; that the bill, as amended, be read
a third time and passed, the motion to reconsider be laid upon the
table; and that any statements relating to the bill be printed in the
Record.
In addition, I ask unanimous consent that the Senate insist upon its
amendments and request a conference with the House.
I ask unanimous consent that the Chair be authorized to appoint
conferees from the Intelligence Committee; further, that the Chair
appoint conferees from the Armed Services Committee in the ratio of 1
to 1 for matters that fall within their jurisdiction.
Further, I ask consent that S. 1025 be returned to the calendar.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.
The amendment (No. 1538) was agreed to.
(The amendment is printed in today's Record under "Text of
Amendments.")
The bill (S. 1025), as amended, was read the third time.
The bill (H.R. 2417), as amended, was read the third time and passed,
as follows:
H.R. 2417
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.
[[Page S10859]]
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
[[Page S10860]]
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
[[Page S10861]]
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
[[Page S10862]]
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
[[Page S10863]]
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
[[Page S10864]]
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.
[[Page S10865]]
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
[[Page S10866]]
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.
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