[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1025 Reported in Senate (RS)]






                                                       Calendar No. 172
108th CONGRESS
  1st Session
                                S. 1025

                          [Report No. 108-44]

                          [Report No. 108-80]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2003

  Mr. Roberts, from the Select Committee on Intelligence, reported the 
   following original bill; which was read twice and referred to the 
 Committee on Armed Services pursuant to Section 3(b) of S. Res. 400, 
    94th Congress, for a period of not to exceed 30 days of session

                             June 26, 2003

                Reported by Mr. Warner, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2004 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. 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.
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

<DELETED>Sec. 501. Protection of operational files of the National 
                            Security Agency.
</DELETED>Sec. 501. Protection of operational files of the National 
                            Security Agency.
<DELETED>Sec. 502. Provision of affordable living quarters for certain 
                            students working at National Security 
                            Agency laboratory.
</DELETED>Sec. <DELETED>503 </DELETED>502. Protection of certain 
                            National Security Agency personnel from 
                            tort liability.
<DELETED>Sec. 504. Authority for intelligence community elements of 
                            Department of Defense to award personal 
                            service contracts.

               </DELETED>TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2004 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of the Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The National Reconnaissance Office.
            (11) The National Imagery and Mapping Agency.
            (12) The Coast Guard.
            (13) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2004, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
____ of the One Hundred Eighth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2004 under section 102 when 
the Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 2 percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives whenever the Director exercises the authority 
granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of Central Intelligence for fiscal year 2004 the sum of 
$198,390,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2005.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of Central 
Intelligence are authorized 310 full-time personnel as of September 30, 
2004. Personnel serving in such elements may be permanent employees of 
the Intelligence Community Management Account or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated for the Intelligence 
        Community Management Account by subsection (a), there are also 
        authorized to be appropriated for the Intelligence Community 
        Management Account for fiscal year 2004 such additional amounts 
        as are specified in the classified Schedule of Authorizations 
        referred to in section 102(a). Such additional amounts for 
        research and development shall remain available until September 
        30, 2005.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2004, there are also authorized such additional personnel for 
        such elements as of that date as are specified in the 
        classified Schedule of Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2004 
any officer or employee of the United States or a member of the Armed 
Forces who is detailed to the staff of the Intelligence Community 
Management Account from another element of the United States Government 
shall be detailed on a reimbursable basis, except that any such 
officer, employee, or member may be detailed on a nonreimbursable basis 
for a period of less than one year for the performance of temporary 
functions as required by the Director of Central Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be 
        appropriated in subsection (a), $37,090,000 shall be available 
        for the National Drug Intelligence Center. Within such amount, 
        funds provided for research, development, testing, and 
        evaluation purposes shall remain available until September 30, 
        2005, and funds provided for procurement purposes shall remain 
        available until September 30, 2006.
            (2) Transfer of funds.--The Director of Central 
        Intelligence shall transfer to the Attorney General funds 
        available for the National Drug Intelligence Center under 
        paragraph (1). The Attorney General shall utilize funds so 
        transferred for the activities of the National Drug 
        Intelligence Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used in contravention of the 
        provisions of section 103(d)(1) of the National Security Act of 
        1947 (50 U.S.C. 403-3(d)(1)).
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.

SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

    (a) In General.--Each requirement to submit a report to the 
congressional intelligence committees that is included in the joint 
explanatory statement to accompany the conference report on the bill 
____ of the One Hundred Eighth Congress, or in the classified annex to 
this Act, is hereby incorporated into this Act, and is hereby made a 
requirement in law.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

SEC. 106. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS, STUDIES, AND 
              PLANS RELATING TO INTELLIGENCE ACTIVITIES OF DEPARTMENT 
              OF DEFENSE OR DEPARTMENT OF ENERGY.

    (a) Consultation in Preparation.--(1) The Director of Central 
Intelligence shall ensure that any report, review, study, or plan 
required to be prepared or conducted by a provision of this Act, 
including a provision of the classified Schedule of Authorizations 
referred to in section 102(a) or the classified annex to this Act, that 
involves the intelligence or intelligence-related activities of the 
Department of Defense or the Department of Energy is prepared or 
conducted in consultation with the Secretary of Defense or the 
Secretary of Energy, as appropriate.
    (2) The Secretary of Defense or the Secretary of Energy may carry 
out any consultation required by this subsection through an official of 
the Department of Defense or the Department of Energy, as the case may 
be, designated by such Secretary for that purpose.
    (b) Submittal.--Any report, review, study, or plan referred to in 
subsection (a) shall be submitted, in addition to any other committee 
of Congress specified for submittal in the provision concerned, to the 
following committees of Congress:
            (1) The Committees on Armed Services and Appropriations and 
        the Select Committee on Intelligence of the Senate.
            (2) The Committees on Armed Services and Appropriations and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2004 the sum of 
$226,400,000.

                     TITLE III--GENERAL PROVISIONS

                Subtitle A--Recurring General Provisions

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

                        Subtitle B--Intelligence

SEC. 311. MODIFICATION OF AUTHORITY TO OBLIGATE AND EXPEND CERTAIN 
              FUNDS FOR INTELLIGENCE ACTIVITIES.

    Section 504(a)(3) of the National Security Act of 1947 (50 U.S.C. 
414(a)(3)) is amended--
            (1) by inserting ``and'' at the end of subparagraph (A);
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraph (C) as subparagraph (B).

SEC. 312. MODIFICATION OF NOTICE AND WAIT REQUIREMENTS ON PROJECTS TO 
              CONSTRUCT OR IMPROVE INTELLIGENCE COMMUNITY FACILITIES.

    (a) Increase of Thresholds for Notice.--Subsection (a) of section 
602 of the Intelligence Authorization Act for Fiscal Year 1995 (Public 
Law 103-359; 108 Stat. 3432; 50 U.S.C. 403-2b(a)) is amended--
            (1) by striking ``$750,000'' each place it appears and 
        inserting ``$5,000,000''; and
            (2) by striking ``$500,000'' each place it appears and 
        inserting ``$1,000,000''.
    (b) Notice and Wait Requirements for Emergency Projects.--
Subsection (b)(2) of that section is amended--
            (1) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively;
            (2) by inserting ``(A)'' after ``(2) Report.--'';
            (3) by striking ``21-day period'' and inserting ``7-day 
        period''; and
            (4) by adding at the end the following new subparagraph:
            ``(B) Notwithstanding subparagraph (A), a project referred 
        to in paragraph (1) may begin on the date the notification is 
        received by the appropriate committees of Congress under that 
        paragraph if the Director of Central Intelligence and the 
        Secretary of Defense jointly determine that--
                    ``(i) an emergency exists with respect to the 
                national security or the protection of health, safety, 
                or environmental quality; and
                    ``(ii) any delay in the commencement of the project 
                would harm any or all of those interests.''.

SEC. 313. 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.
    (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
                    (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--
            (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.
            (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

<DELETED>SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
              SECURITY AGENCY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

 <DELETED>``operational files of the national security agency</DELETED>

<DELETED>    ``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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Files which are the sole repository of disseminated 
intelligence are not operational files.</DELETED>
<DELETED>    ``(3) Notwithstanding paragraph (1), exempted operational 
files shall continue to be subject to search and review for information 
concerning--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(i) The Permanent Select Committee on 
                Intelligence of the House of Representatives.</DELETED>
                <DELETED>    ``(ii) The Select Committee on 
                Intelligence of the Senate.</DELETED>
                <DELETED>    ``(iii) The Intelligence Oversight 
                Board.</DELETED>
                <DELETED>    ``(iv) The Department of 
                Justice.</DELETED>
                <DELETED>    ``(v) The Office of General Counsel of 
                NSA.</DELETED>
                <DELETED>    ``(vi) The Office of the Director of 
                NSA.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Judicial review shall not be available in the manner 
provided for under subparagraph (A) as follows:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(ii) The court shall determine, to the fullest 
        extent practicable, the issues of fact based on sworn written 
        submissions of the parties.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(B) Whether NSA, in fact, considered the 
        criteria set forth in paragraph (2) in conducting the required 
        review.''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (3)(A) The title heading for title VII of such Act is 
amended to read as follows:</DELETED>

   <DELETED>``TITLE VII--PROTECTION OF OPERATIONAL FILES''.</DELETED>

<DELETED>    (B) The section heading for section 701 of such Act is 
amended to read as follows:</DELETED>

<DELETED>``protection of operational files of the central intelligence 
                          agency''.</DELETED>

<DELETED>    (C) The section heading for section 702 of such Act is 
amended to read as follows:</DELETED>

  <DELETED>``decennial review of exempted central intelligence agency 
                    operational files.''.</DELETED>

<DELETED>    (d) Clerical Amendments.--The table of contents for the 
National Security Act of 1947 is amended--</DELETED>
        <DELETED>    (1) by striking the items relating to sections 
        105C and 105D; and</DELETED>
        <DELETED>    (2) by striking the items relating to title VII 
        and inserting the following new items:</DELETED>

         <DELETED>``Title VII--Protection of Operational Files

<DELETED>``Sec. 701. Protection of operational files of the Central 
                            Intelligence Agency.
<DELETED>``Sec. 702. Decennial review of exempted Central Intelligence 
                            Agency operational files.
<DELETED>``Sec. 703. Protection of operational files of the National 
                            Imagery and Mapping Agency.
<DELETED>``Sec. 704. Protection of operational files of the National 
                            Reconnaissance Office.
<DELETED>``Sec. 705. Protection of operational files of the National 
                            Security Agency.''.

</DELETED>SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
              SECURITY AGENCY.

    (a) Consolidation of Current Provisions on Protection of 
Operational Files.--The National Security Act of 1947 (50 U.S.C. 401 et 
seq.) is amended by transferring sections 105C and 105D to the end of 
title VII and redesignating such sections, as so transferred, as 
sections 703 and 704, respectively.
    (b) Protection of Operational Files of NSA.--Title VII of such Act, 
as amended by subsection (a), is further amended by adding at the end 
the following new section:

          ``operational files of the national security agency

    ``Sec. 705. (a) Exemption of Certain Operational Files From Search, 
Review, Publication, or Disclosure.--(1) Operational files of the 
National Security Agency (hereafter in this section referred to as 
`NSA') may be exempted by the Director of NSA, in coordination with the 
Director of Central Intelligence, from the provisions of section 552 of 
title 5, United States Code, which require publication, disclosure, 
search, or review in connection therewith.
    ``(2)(A) In this section, the term `operational files' means--
            ``(i) files of the Signals Intelligence Directorate, and 
        its successor organizations, which document the means by which 
        foreign intelligence or counterintelligence is collected 
        through technical systems; and
            ``(ii) files of the Research Associate Directorate, and its 
        successor organizations, which document the means by which 
        foreign intelligence or counterintelligence is collected 
        through scientific and technical systems.
    ``(B) Files which are the sole repository of disseminated 
intelligence, and files that have been accessioned into NSA Archives, 
or its successor organizations, are not operational files.
    ``(3) Notwithstanding paragraph (1), exempted operational files 
shall continue to be subject to search and review for information 
concerning--
            ``(A) United States citizens or aliens lawfully admitted 
        for permanent residence who have requested information on 
        themselves pursuant to the provisions of section 552 or 552a of 
        title 5, United States Code;
            ``(B) any special activity the existence of which is not 
        exempt from disclosure under the provisions of section 552 of 
        title 5, United States Code; or
            ``(C) the specific subject matter of an investigation by 
        any of the following for any impropriety, or violation of law, 
        Executive order, or Presidential directive, in the conduct of 
        an intelligence activity:
                    ``(i) The Committee on Armed Services and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
                    ``(ii) The Committee on Armed Services and the 
                Select Committee on Intelligence of the Senate.
                    ``(iii) The Intelligence Oversight Board.
                    ``(iv) The Department of Justice.
                    ``(v) The Office of General Counsel of NSA.
                    ``(vi) The Office of the Inspector General of the 
                Department of Defense.
                    ``(vii) The Office of the Director of NSA.
    ``(4)(A) Files that are not exempted under paragraph (1) which 
contain information derived or disseminated from exempted operational 
files shall be subject to search and review.
    ``(B) The inclusion of information from exempted operational files 
in files that are not exempted under paragraph (1) shall not affect the 
exemption under paragraph (1) of the originating operational files from 
search, review, publication, or disclosure.
    ``(C) The declassification of some of the information contained in 
exempted operational files shall not affect the status of the 
operational file as being exempt from search, review, publication, or 
disclosure.
    ``(D) Records from exempted operational files which have been 
disseminated to and referenced in files that are not exempted under 
paragraph (1), and which have been returned to exempted operational 
files for sole retention shall be subject to search and review.
    ``(5) The provisions of paragraph (1) may not be superseded except 
by a provision of law which is enacted after the date of the enactment 
of the Intelligence Authorization Act for Fiscal Year 2004, and which 
specifically cites and repeals or modifies such provisions.
    ``(6)(A) Except as provided in subparagraph (B), whenever any 
person who has requested agency records under section 552 of title 5, 
United States Code, alleges that NSA has withheld records improperly 
because of failure to comply with any provision of this section, 
judicial review shall be available under the terms set forth in section 
552(a)(4)(B) of title 5, United States Code.
    ``(B) Judicial review shall not be available in the manner provided 
for under subparagraph (A) as follows:
            ``(i) In any case in which information specifically 
        authorized under criteria established by an Executive order to 
        be kept secret in the interests of national defense or foreign 
        relations is filed with, or produced for, the court by NSA, 
        such information shall be examined ex parte, in camera by the 
        court.
            ``(ii) The court shall determine, to the fullest extent 
        practicable, the issues of fact based on sworn written 
        submissions of the parties.
            ``(iii) When a complainant alleges that requested records 
        are improperly withheld because of improper placement solely in 
        exempted operational files, the complainant shall support such 
        allegation with a sworn written submission based upon personal 
        knowledge or otherwise admissible evidence.
            ``(iv)(I) When a complainant alleges that requested records 
        were improperly withheld because of improper exemption of 
        operational files, NSA shall meet its burden under section 
        552(a)(4)(B) of title 5, United States Code, by demonstrating 
        to the court by sworn written submission that exempted 
        operational files likely to contain responsible records 
        currently perform the functions set forth in paragraph (2).
            ``(II) The court may not order NSA to review the content of 
        any exempted operational file or files in order to make the 
        demonstration required under subclause (I), unless the 
        complainant disputes NSA's showing with a sworn written 
        submission based on personal knowledge or otherwise admissible 
        evidence.
            ``(v) In proceedings under clauses (iii) and (iv), the 
        parties may not obtain discovery pursuant to rules 26 through 
        36 of the Federal Rules of Civil Procedure, except that 
        requests for admissions may be made pursuant to rules 26 and 
        36.
            ``(vi) If the court finds under this paragraph that NSA has 
        improperly withheld requested records because of failure to 
        comply with any provision of this subsection, the court shall 
        order NSA to search and review the appropriate exempted 
        operational file or files for the requested records and make 
        such records, or portions thereof, available in accordance with 
        the provisions of section 552 of title 5, United States Code, 
        and such order shall be the exclusive remedy for failure to 
        comply with this subsection.
            ``(vii) If at any time following the filing of a complaint 
        pursuant to this paragraph NSA agrees to search the appropriate 
        exempted operational file or files for the requested records, 
        the court shall dismiss the claim based upon such complaint.
            ``(viii) Any information filed with, or produced for the 
        court pursuant to clauses (i) and (iv) shall be coordinated 
        with the Director of Central Intelligence before submission to 
        the court.
    ``(b) Decennial Review of Exempted Operational Files.--(1) Not less 
than once every 10 years, the Director of the National Security Agency 
and the Director of Central Intelligence shall review the exemptions in 
force under subsection (a)(1) to determine whether such exemptions may 
be removed from a category of exempted files or any portion thereof. 
The Director of Central Intelligence must approve any determination to 
remove such exemptions.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of a particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant that alleges that NSA has improperly withheld 
records because of failure to comply with this subsection may seek 
judicial review in the district court of the United States of the 
district in which any of the parties reside, or in the District of 
Columbia. In such a proceeding, the court's review shall be limited to 
determining the following:
            ``(A) Whether NSA has conducted the review required by 
        paragraph (1) before the expiration of the 10-year period 
        beginning on the date of the enactment of the Intelligence 
        Authorization Act for Fiscal Year 2004 or before the expiration 
        of the 10-year period beginning on the date of the most recent 
        review.
            ``(B) Whether NSA, in fact, considered the criteria set 
        forth in paragraph (2) in conducting the required review.''.
    (c) Conforming Amendments.--(1) Section 701(b) of the National 
Security Act of 1947 (50 U.S.C. 431(b)) is amended by striking ``For 
purposes of this title'' and inserting ``In this section and section 
702,''.
    (2) Section 702(c) of such Act (50 U.S.C. 432(c)) is amended by 
striking ``enactment of this title'' and inserting ``October 15, 
1984,''.
    (3)(A) The title heading for title VII of such Act is amended to 
read as follows:

            ``TITLE VII--PROTECTION OF OPERATIONAL FILES''.

    (B) The section heading for section 701 of such Act is amended to 
read as follows:

``protection of operational files of the central intelligence agency''.

    (C) The section heading for section 702 of such Act is amended to 
read as follows:

``decennial review of exempted central intelligence agency operational 
                                files''.

    (d) Clerical Amendments.--The table of contents for the National 
Security Act of 1947 is amended--
            (1) by striking the items relating to sections 105C and 
        105D; and
            (2) by striking the items relating to title VII and 
        inserting the following new items:

              ``Title VII--Protection of Operational Files

``Sec. 701. Protection of operational files of the Central Intelligence 
                            Agency.
``Sec. 702. Decennial review of exempted Central Intelligence Agency 
                            operational files.
``Sec. 703. Protection of operational files of the National Imagery and 
                            Mapping Agency.
``Sec. 704. Protection of operational files of the National 
                            Reconnaissance Office.
``Sec. 705. Protection of operational files of the National Security 
                            Agency.''.

<DELETED>SEC. 502. PROVISION OF AFFORDABLE LIVING QUARTERS FOR CERTAIN 
              STUDENTS WORKING AT NATIONAL SECURITY AGENCY 
              LABORATORY.</DELETED>

<DELETED>    Section 2195 of title 10, United States Code, is amended 
by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

SEC. <DELETED>503 </DELETED>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.''.

<DELETED>SEC. 504. AUTHORITY FOR INTELLIGENCE COMMUNITY ELEMENTS OF 
              DEPARTMENT OF DEFENSE TO AWARD PERSONAL SERVICE 
              CONTRACTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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)).</DELETED>




                                             </DELETED>Calendar No. 172

108th CONGRESS

  1st Session

                                S. 1025

                          [Report No. 108-44]

                          [Report No. 108-80]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             June 26, 2003

                        Reported with amendments