[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Pages S10847-S10866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004

  Mr. SUNUNU. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 172, S. 1025.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1025) to authorize appropriations for fiscal 
     year 2004 for intelligence and intelligence-related 
     activities of the United States Government, the Community 
     Management Account, and the Central Intelligence Agency 
     Retirement and Disability System, and for other purposes.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Select Committee on 
Intelligence, with amendments, as follows:

       [Strike the parts shown in black brackets and insert the 
     part shown in italic.]

                                S. 1025

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Preparation and submittal of reports, reviews, studies, and 
              plans relating to intelligence activities of Department 
              of Defense or Department of Energy.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

                Subtitle A--Recurring General Provisions

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.

                        Subtitle B--Intelligence

Sec. 311. Modification of authority to obligate and expend certain 
              funds for intelligence activities.
Sec. 312. Modification of notice and wait requirements on projects to 
              construct or improve intelligence community facilities.
Sec. 313. Use of funds for counterdrug and counterterrorism activities 
              for Colombia.
Sec. 314. Pilot program on analysis of signals and other intelligence 
              by intelligence analysts of various elements of the 
              intelligence community.
Sec. 315. Pilot program on training for intelligence analysts.
Sec. 316. Extension of National Commission for the Review of the 
              Research and Development Programs of the United States 
              Intelligence Community.

                        Subtitle C--Surveillance

Sec. 321. Clarification and modification of sunset of surveillance-
              related amendments made by USA PATRIOT ACT of 2001.

                          Subtitle D--Reports

Sec. 331. Report on cleared insider threat to classified computer 
              networks.
Sec. 332. Report on security background investigations and security 
              clearance procedures of the Federal Government.
Sec. 333. Report on detail of civilian intelligence personnel among 
              elements of the intelligence community and the Department 
              of Defense.
Sec. 334. Report on modifications of policy and law on classified 
              information to facilitate sharing of information for 
              national security purposes.
Sec. 335. Report of Secretary of Defense and Director of Central 
              Intelligence on strategic planning.
Sec. 336. Report on United States dependence on computer hardware and 
              software manufactured overseas.
Sec. 337. Report on lessons learned from military operations in Iraq.

[[Page S10848]]

Sec. 338. Reports on conventional weapons and ammunition obtained by 
              Iraq in violation of certain United Nations Security 
              Council resolutions.
Sec. 339. Repeal of certain report requirements relating to 
              intelligence activities.

                       Subtitle E--Other Matters

Sec. 351. Extension of suspension of reorganization of Diplomatic 
              Telecommunications Service Program Office.
Sec. 352. Modifications of authorities on explosive materials.
Sec. 353. Modification of prohibition on the naturalization of certain 
              persons.
Sec. 354. Modification to definition of financial institution in the 
              Right to Financial Privacy Act.
Sec. 355. Coordination of Federal Government research on security 
              evaluations.
Sec. 356. Technical amendments.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Amendment to certain Central Intelligence Agency Act of 1949 
              notification requirements.
Sec. 402. Protection of certain Central Intelligence Agency personnel 
              from tort liability.
Sec. 403. Repeal of obsolete limitation on use of funds in Central 
              Services Working Capital Fund.
Sec. 404. Technical amendment to Federal Information Security 
              Management Act of 2002.

          TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

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

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

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

     SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

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

     SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

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

     SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

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

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

       (a) Consultation in Preparation.--(1) The Director of 
     Central Intelligence shall ensure that any report, review, 
     study, or plan required to be prepared or conducted by a 
     provision of this Act, including a provision of the 
     classified Schedule of Authorizations referred to in section 
     102(a) or the classified annex to this Act, that involves the 
     intelligence or intelligence-related activities of the 
     Department of Defense or the Department of Energy is prepared 
     or conducted in consultation with the Secretary of Defense or 
     the Secretary of Energy, as appropriate.
       (2) The Secretary of Defense or the Secretary of Energy may 
     carry out any consultation required by this subsection 
     through an official of the Department of Defense or the 
     Department of Energy, as the case may be, designated by such 
     Secretary for that purpose.
       (b) Submittal.--Any report, review, study, or plan referred 
     to in subsection (a) shall be

[[Page S10849]]

     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.

[[Page S10850]]

       (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

[[Page S10851]]

       (B) the Permanent Select Committee on Intelligence and the 
     Committees on Armed Services and the Judiciary of the House 
     of Representatives.
       (2) The term ``elements of the intelligence community'' 
     means the elements of the intelligence community set forth in 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).
       (3) The term ``heads of the elements of the intelligence 
     community'' includes the Secretary of Defense with respect to 
     each element of the intelligence community within the 
     Department of Defense or the military departments.

     SEC. 334. REPORT ON MODIFICATIONS OF POLICY AND LAW ON 
                   CLASSIFIED INFORMATION TO FACILITATE SHARING OF 
                   INFORMATION FOR NATIONAL SECURITY PURPOSES.

       (a) Report.--Not later than four months after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report that--
       (1) identifies impediments in current policy and 
     regulations to the sharing of classified information 
     horizontally across and among Federal departments and 
     agencies, and between Federal departments and agencies and 
     vertically to and from agencies of State and local 
     governments and the private sector, for national security 
     purposes, including homeland security;
       (2) proposes appropriate modifications of policy, law, and 
     regulations to eliminate such impediments in order to 
     facilitate such sharing of classified information for 
     homeland security purposes, including homeland security; and
       (3) outlines a plan of action (including appropriate 
     milestones and funding) to establish the Terrorist Threat 
     Integration Center as called for in the Information on the 
     State of the Union given by the President to Congress under 
     section 3 of Article II of the Constitution of the United 
     States in 2003.
       (b) Considerations.--In preparing the report under 
     subsection (a), the President shall--
       (1) consider the extent to which the reliance on a 
     document-based approach to the protection of classified 
     information impedes the sharing of classified information; 
     and
       (2) consider the extent to which the utilization of a 
     database-based approach, or other electronic approach, to the 
     protection of classified information might facilitate the 
     sharing of classified information.
       (c) Coordination With Other Information Sharing 
     Activities.--In preparing the report under subsection (a), 
     the President shall, to the maximum extent practicable, take 
     into account actions being undertaken under the Homeland 
     Security Information Sharing Act (subtitle I of title VIII of 
     Public Law 107-296; 116 Stat. 2252; 6 U.S.C. 481 et seq.).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Select Committee on Homeland Security, and the Committee on 
     Armed Services of the House of Representatives.

     SEC. 335. REPORT OF SECRETARY OF DEFENSE AND DIRECTOR OF 
                   CENTRAL INTELLIGENCE ON STRATEGIC PLANNING.

       (a) Report.--Not later than February 15, 2004, the 
     Secretary of Defense and the Director of Central Intelligence 
     shall jointly submit to the appropriate committees of 
     Congress a report that assesses progress in the following:
       (1) The development by the Department of Defense and the 
     intelligence community of a comprehensive and uniform 
     analytical capability to assess the utility and advisability 
     of various sensor and platform architectures and capabilities 
     for the collection of intelligence.
       (2) The improvement of coordination between the Department 
     and the intelligence community on strategic and budgetary 
     planning.
       (b) Form.--The report under subsection (a) may be submitted 
     in classified form.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.

     SEC. 336. REPORT ON UNITED STATES DEPENDENCE ON COMPUTER 
                   HARDWARE AND SOFTWARE MANUFACTURED OVERSEAS.

       (a) Report.--Not later than February 15, 2004, the Director 
     of Central Intelligence shall submit to the appropriate 
     committees of Congress a report on the extent of United 
     States dependence on computer hardware or software that is 
     manufactured overseas.
       (b) Elements.--The report under subsection (a) shall 
     address the following:
       (1) The extent to which the United States currently depends 
     on computer hardware or software that is manufactured 
     overseas.
       (2) The extent to which United States dependence on such 
     computer hardware or software is increasing.
       (3) The vulnerabilities of the national security and 
     economy of the United States as a result of United States 
     dependence on such computer hardware or software.
       (4) Any other matters relating to United States dependence 
     on such computer hardware or software that the Director 
     considers appropriate.
       (c) Consultation With Private Sector.--In preparing the 
     report under subsection (a), the Director may consult, and is 
     encouraged to consult, with appropriate persons and entities 
     in the computer hardware or software industry and with other 
     appropriate persons and entities in the private sector.
       (d) Form.--(1) The report under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (2) The report may be in the form of a National 
     Intelligence Estimate.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.

     SEC. 337. REPORT ON LESSONS LEARNED FROM MILITARY OPERATIONS 
                   IN IRAQ.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Director of Central Intelligence 
     shall submit to the appropriate committees of Congress a 
     report on the intelligence lessons learned as a result of 
     Operation Iraqi Freedom.
       (b) Recommendations.--The report under subsection (a) shall 
     include such recommendations on means of improving training, 
     equipment, operations, coordination, and collection of or for 
     intelligence as the Director considers appropriate.
       (c) Form.--The report under subsection (a) shall be 
     submitted in classified form.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.

     SEC. 338. REPORTS ON CONVENTIONAL WEAPONS AND AMMUNITION 
                   OBTAINED BY IRAQ IN VIOLATION OF CERTAIN UNITED 
                   NATIONS SECURITY COUNCIL RESOLUTIONS.

       (a) Preliminary Report.--Not later than 120 days after the 
     date of the cessation of hostilities in Iraq (as determined 
     by the President), the Director of the Defense Intelligence 
     Agency shall submit to the appropriate committees of Congress 
     a preliminary report on all information obtained by the 
     Department of Defense and the intelligence community on the 
     conventional weapons and ammunition obtained by Iraq in 
     violation of applicable resolutions of the United Nations 
     Security Council adopted since the invasion of Kuwait by Iraq 
     in August 1990.
       (b) Final Report.--(1) Not later than 270 days after the 
     date of the cessation of hostilities in Iraq (as so 
     determined), the Director shall submit to the appropriate 
     committees of Congress a final report on the information 
     described in subsection (a).
       (2) The final report under paragraph (1) shall include such 
     updates of the preliminary report under subsection (a) as the 
     Director considers appropriate.
       (c) Elements.--Each report under this section shall set 
     forth, to the extent practicable, with respect to each 
     shipment of weapons or ammunition addressed in such report 
     the following:
       (1) The country of origin.
       (2) Any country of transshipment.
       (d) Form.--Each report under this section shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.

     SEC. 339. REPEAL OF CERTAIN REPORT REQUIREMENTS RELATING TO 
                   INTELLIGENCE ACTIVITIES.

       (a) Annual Evaluation of Performance and Responsiveness of 
     Intelligence Community.--Section 105 of the National Security 
     Act of 1947 (50 U.S.C. 403-5) is amended by striking 
     subsection (d).
       (b) Periodic and Special Reports on Disclosure of 
     Intelligence Information to United Nations.--Section 112 of 
     the National Security Act of 1947 (50 U.S.C. 404g) is 
     amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively.
       (c) Annual Report on Intelligence Community Cooperation 
     With Counterdrug Activities.--Section 114 of the National 
     Security Act of 1947 (50 U.S.C. 404i) is amended--
       (1) by striking subsection (a); and
       (2) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively.
       (d) Annual Report on Russian Nuclear Facilities and 
     Forces.--Section 114 of the National Security Act of 1947, as 
     amended by subsection (c) of this section, is further 
     amended--
       (1) by striking subsection (a); and
       (2) by redesignating subsections (b) through (e) as 
     subsections (a) through (d), respectively.
       (e) Annual Report on Covert Leases.--Section 114 of the 
     National Security Act of 1947, as amended by this section, is 
     further amended--

[[Page S10852]]

       (1) by striking subsection (c); and
       (2) by striking subsection (d).
       (f) Annual Report on Protection of Covert Agents.--Section 
     603 of the National Security Act of 1947 (50 U.S.C. 423) is 
     repealed.
       (g) Annual Report on Certain Foreign Companies Involved in 
     Proliferation of Weapons of Mass Destruction.--Section 827 of 
     the Intelligence Authorization Act for Fiscal Year 2003 
     (Public Law 107-306; 116 Stat. 2430; 50 U.S.C. 404n-3) is 
     repealed.
       (h) Annual Report on Intelligence Activities of People's 
     Republic of China.--Section 308 of the Intelligence 
     Authorization Act for Fiscal Year 1998 (Public Law 105-107; 
     111 Stat. 2253; 50 U.S.C. 402a note) is repealed.
       (i) Annual Report on Coordination of Counterintelligence 
     Matters With FBI.--Section 811(c) of the Counterintelligence 
     and Security Enhancements Act of 1994 (title VIII of Public 
     Law 103-359; 50 U.S.C. 402a(c)) is amended--
       (1) by striking paragraph (6); and
       (2) by redesignating paragraphs (7) and (8) as paragraphs 
     (6) and (7), respectively.
       (j) Reports on Decisions Not To Prosecute Violations of 
     Classified Information Procedures Act.--Section 13 of the 
     Classified Information Procedures Act (18 U.S.C. App.) is 
     amended--
       (1) by striking subsections (a) and (b); and
       (2) by striking ``(c)''.
       (k) Report on Postemployment Assistance for Terminated 
     Intelligence Employees.--Section 1611 of title 10, United 
     States Code, is amended by striking subsection (e).
       (l) Annual Report on Activities of FBI Personnel Outside 
     the United States.--Section 540C of title 18, United States 
     Code, is repealed.
       (m) Annual Report on Exceptions to Consumer Disclosure 
     Requirements for National Security Investigations.--Section 
     604(b)(4) of the Fair Credit Reporting Act (15 U.S.C. 
     1681b(b)(4)) is amended--
       (1) by striking subparagraphs (D) and (E); and
       (2) by redesignating subparagraph (F) as subparagraph (D).
       (n) Conforming Amendments.--Section 507 of the National 
     Security Act of 1947 (50 U.S.C. 415b) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking subparagraphs (A), (C), (D), (G), (I), (J), 
     and (L); and
       (ii) by redesignating subparagraphs (B), (E), (F), (H), 
     (K), (M), and (N) as subparagraphs (A), (B), (C), (D), (E), 
     (F), and (G), respectively; and
       (iii) in subparagraph (E), as so redesignated, by striking 
     ``section 114(c)'' and inserting ``section 114(a)''; and
       (B) in paragraph (2)--
       (i) by striking subparagraphs (A), (E), and (F);
       (ii) by redesignating subparagraphs (B), (D), and (G) as 
     subparagraphs (A), (B), and (C), respectively; and
       (iii) in subparagraph (A), as so redesignated, by striking 
     ``section 114(d)'' and inserting ``section 114(b)''; and
       (2) in subsection (b)--
       (A) by striking paragraph (1) and (3); and
       (B) by redesignating paragraphs (2), (4), (5), (6), (7), 
     and (8) as paragraphs (1), (2), (3), (4), (5), and (6), 
     respectively.
       (o) Clerical Amendments.--
       (1) National security act of 1947.--The table of contents 
     for the National Security Act of 1947 is amended by striking 
     the item relating to section 603.
       (2) Title 18, united states code.--The table of sections at 
     the beginning of chapter 33 of title 18, United States Code, 
     is amended by striking the item relating to section 540C.
       (p) Effective Date.--The amendments made by this section 
     shall take effect on December 31, 2003.

                       Subtitle E--Other Matters

     SEC. 351. EXTENSION OF SUSPENSION OF REORGANIZATION OF 
                   DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM 
                   OFFICE.

       Section 311 of the Intelligence Authorization Act for 
     Fiscal Year 2002 (Public Law 107-108; 22 U.S.C. 7301 note) is 
     amended--
       (1) in the heading, by striking ``TWO-YEAR'' before 
     ``SUSPENSION OF REORGANIZATION''; and
       (2) in the text, by striking ``ending on October 1, 2003'' 
     and inserting ``ending on the date that is 60 days after the 
     appropriate congressional committees of jurisdiction (as 
     defined in section 324(d) of that Act (22 U.S.C. 7304(d)) are 
     notified jointly by the Secretary of State (or the 
     Secretary's designee) and the Director of the Office of 
     Management and Budget (or the Director's designee) that the 
     operational framework for the office has been terminated''.

     SEC. 352. MODIFICATIONS OF AUTHORITIES ON EXPLOSIVE 
                   MATERIALS.

       (a) Clarification of Aliens Authorized To Distribute 
     Explosive Materials.--Section 842(d)(7) of title 18, United 
     States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B)--
       (A) by inserting ``or'' at the end of clause (i); and
       (B) by striking clauses (iii) and (iv); and
       (3) by adding the following new subparagraphs:
       ``(C) is a member of a North Atlantic Treaty Organization 
     (NATO) or other friendly foreign military force, as 
     determined by the Attorney General in consultation with the 
     Secretary of Defense, who is present in the United States 
     under military orders for training or other military purpose 
     authorized by the United States and the shipping, 
     transporting, possession, or receipt of explosive materials 
     is in furtherance of the authorized military purpose; or
       ``(D) is lawfully present in the United States in 
     cooperation with the Director of Central Intelligence, and 
     the shipment, transportation, receipt, or possession of the 
     explosive materials is in furtherance of such cooperation;''.
       (b) Clarification of Aliens Authorized To Possess or 
     Receive Explosive Materials.--Section 842(i)(5) of title 18, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B)--
       (A) by inserting ``or'' at the end of clause (i); and
       (B) by striking clauses (iii) and (iv); and
       (3) by adding the following new subparagraphs:
       ``(C) is a member of a North Atlantic Treaty Organization 
     (NATO) or other friendly foreign military force, as 
     determined by the Attorney General in consultation with the 
     Secretary of Defense, who is present in the United States 
     under military orders for training or other military purpose 
     authorized by the United States and the shipping, 
     transporting, possession, or receipt of explosive materials 
     is in furtherance of the authorized military purpose; or
       ``(D) is lawfully present in the United States in 
     cooperation with the Director of Central Intelligence, and 
     the shipment, transportation, receipt, or possession of the 
     explosive materials is in furtherance of such cooperation;''.

     SEC. 353. MODIFICATION OF PROHIBITION ON THE NATURALIZATION 
                   OF CERTAIN PERSONS.

       Section 313(e)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1424(e)(4)) is amended--
       (1) by inserting ``when Department of Defense activities 
     are relevant to the determination'' after ``Secretary of 
     Defense''; and
       (2) by inserting ``and the Secretary of Homeland Security'' 
     after ``Attorney General''.

     SEC. 354. MODIFICATION TO DEFINITION OF FINANCIAL INSTITUTION 
                   IN THE RIGHT TO FINANCIAL PRIVACY ACT.

       The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 
     et seq.) is amended--
       (1) in section 1101(1) (12 U.S.C. 3401(1)), by inserting 
     ``, except as provided in section 1114,'' before ``means any 
     office''; and
       (2) in section 1114 (12 U.S.C. 3414), by adding at the end 
     the following:
       ``(c) For purposes of this section, the term `financial 
     institution' has the same meaning as in section 5312(a)(2) of 
     title 31, United States Code, except that, for purposes of 
     this section, such term shall include only such a financial 
     institution any part of which is located inside any State or 
     territory of the United States, the District of Columbia, 
     Puerto Rico, Guam, American Samoa, or the United States 
     Virgin Islands.''.

     SEC. 355. COORDINATION OF FEDERAL GOVERNMENT RESEARCH ON 
                   SECURITY EVALUATIONS.

       (a) Workshops for Coordination of Research.--The National 
     Science Foundation and the Office of Science and Technology 
     Policy shall jointly sponsor not less than two workshops on 
     the coordination of Federal Government research on the use of 
     behavioral, psychological, and physiological assessments of 
     individuals in the conduct of security evaluations.
       (b) Deadline for Completion of Activities.--The activities 
     of the workshops sponsored under subsection (a) shall be 
     completed not later than March 1, 2004.
       (c) Purposes.--The purposes of the workshops sponsored 
     under subsection (a) are as follows:
       (1) To provide a forum for cataloging and coordinating 
     Federally-funded research activities relating to the 
     development of new techniques in the behavioral, 
     psychological, or physiological assessment of individuals to 
     be used in security evaluations.
       (2) To develop a research agenda for the Federal Government 
     on behavioral, psychological, and physiological assessments 
     of individuals, including an identification of the research 
     most likely to advance the understanding of the use of such 
     assessments of individuals in security evaluations.
       (3) To distinguish between short-term and long-term areas 
     of research on behavioral, psychological, and physiological 
     assessments of individuals in order maximize the utility of 
     short-term and long-term research on such assessments.
       (4) To identify the Federal agencies best suited to support 
     research on behavioral, psychological, and physiological 
     assessments of individuals.
       (5) To develop recommendations for coordinating future 
     Federally-funded research for the development, improvement, 
     or enhancement of security evaluations.
       (d) Advisory Group.--(1) In order to assist the National 
     Science Foundation and the Office of Science and Technology 
     Policy in carrying out the activities of the workshops 
     sponsored under subsection (a), there is hereby established 
     an interagency advisory group with respect to such workshops.
       (2) The advisory group shall be composed of the following:
       (A) A representative of the Social, Behavioral, and 
     Economic Directorate of the National Science Foundation.
       (B) A representative of the Office of Science, and 
     Technology Policy.
       (C) The Secretary of Defense, or a designee of the 
     Secretary.

[[Page S10853]]

       (D) The Secretary of State, or a designee of the Secretary.
       (E) The Attorney General, or a designee of the Attorney 
     General.
       (F) The Secretary of Energy, or a designee of the 
     Secretary.
       (G) The Secretary of Homeland Security, or a designee of 
     the Secretary.
       (H) The Director of Central Intelligence, or a designee of 
     the Director.
       (I) The Director of the Federal Bureau of Investigation, or 
     a designee of the Director.
       (J) The National Counterintelligence Executive, or a 
     designee of the National Counterintelligence Executive.
       (K) Any other official assigned to the advisory group by 
     the President for purposes of this section.
       (3) The members of the advisory group under subparagraphs 
     (A) and (B) of paragraph (2) shall jointly head the advisory 
     group.
       (4) The advisory group shall provide the Foundation and the 
     Office such information, advice, and assistance with respect 
     to the workshops sponsored under subsection (a) as the 
     advisory group considers appropriate.
       (5) The advisory group shall not be treated as an advisory 
     committee for purposes of the Federal Advisory Committee Act 
     (5 U.S.C. App.).
       (e) Report.--Not later than March 1, 2004, the National 
     Science Foundation and the Office of Science and Technology 
     Policy shall jointly submit Congress a report on the results 
     of activities of the workshops sponsored under subsection 
     (a), including the findings and recommendations of the 
     Foundation and the Office as a result of such activities.
       (f) Funding.--(1) Of the amount authorized to be 
     appropriated for the Intelligence Community Management 
     Account by section 104(a), $500,000 shall be available to the 
     National Science Foundation and the Office of Science and 
     Technology Policy to carry out this section.
       (2) The amount authorized to be appropriated by paragraph 
     (1) shall remain available until expended.

     SEC. 356. TECHNICAL AMENDMENTS.

       (a) National Security Act of 1947.--Subsection (c)(1) of 
     section 112 of the National Security Act of 1947, as 
     redesignated by section 339(b) of this Act, is further 
     amended by striking ``section 103(c)(6)'' and inserting 
     ``section 103(c)(7)''.
       (b) Central Intelligence Agency Act of  1949.--(1) Section 
     6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     403g) is amended by striking ``section 103(c)(6) of the 
     National Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and 
     inserting ``section 103(c)(7) of the National Security Act of 
     1947 (50 U.S.C. 403-3(c)(7))''.
       (2) Section 15 of that Act (50 U.S.C. 403o) is amended--
       (A) in subsection (a)(1), by striking ``special policemen 
     of the General Services Administration perform under the 
     first section of the Act entitled `An Act to authorize the 
     Federal Works Administrator or officials of the Federal Works 
     Agency duly authorized by him to appoint special policeman 
     for duty upon Federal property under the jurisdiction of the 
     Federal Works Agency, and for other purposes' (40 U.S.C. 
     318),'' and inserting ``officers and agents of the Department 
     of Homeland Security, as provided in section 1315(b)(2) of 
     title 40, United States Code,''; and
       (B) in subsection (b), by striking ``the fourth section of 
     the Act referred to in subsection (a) of this section (40 
     U.S.C. 318c)'' and inserting ``section 1315(c)(2) of title 
     40, United States Code''.
       (c) National Security Agency Act of  1959.--Section 11 of 
     the National Security Agency Act of 1959 (50 U.S.C. 402 note) 
     is amended--
       (1) in subsection (a)(1), by striking ``special policemen 
     of the General Services Administration perform under the 
     first section of the Act entitled `An Act to authorize the 
     Federal Works Administrator or officials of the Federal Works 
     Agency duly authorized by him to appoint special policeman 
     for duty upon Federal property under the jurisdiction of the 
     Federal Works Agency, and for other purposes' (40 U.S.C. 
     318)'' and inserting ``officers and agents of the Department 
     of Homeland Security, as provided in section 1315(b)(2) of 
     title 40, United States Code,''; and
       (2) in subsection (b), by striking ``the fourth section of 
     the Act referred to in subsection (a) (40 U.S.C. 318c)'' and 
     inserting ``section 1315(c)(2) of title 40, United States 
     Code''.
       (d) Intelligence Authorization Act for Fiscal Year 2003.--
     Section 343 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (Public Law 107-306; 116 Stat. 2399; 50 U.S.C. 
     404n-2) is amended--
       (1) in subsection (c), by striking ``section 103(c)(6) of 
     the National Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' 
     and inserting ``section 103(c)(7) of the National Security 
     Act of 1947 (50 U.S.C. 403-3(c)(7))''; and
       (2) in subsection (e)(2), by striking ``section 103(c)(6)'' 
     and inserting ``section 103(c)(7)''.
       (e) Public Law 107-173.--Section 201(c)(3)(F) of the 
     Enhanced Border Security and Visa Entry Reform Act of 2002 
     (Public Law 107-173; 116 Stat. 548; 8 U.S.C. 1721(c)(3)(F)) 
     is amended by striking ``section 103(c)(6) of the National 
     Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and inserting 
     ``section 103(c)(7) of the National Security Act of 1947 (50 
     U.S.C. 403-3(c)(7))''.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

     SEC. 401. AMENDMENT TO CERTAIN CENTRAL INTELLIGENCE AGENCY 
                   ACT OF 1949 NOTIFICATION REQUIREMENTS.

       Section 4(b)(5) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403e(b)(5)) is amended inserting ``, other 
     than regulations under paragraph (1),'' after 
     ``Regulations''.

     SEC. 402. PROTECTION OF CERTAIN CENTRAL INTELLIGENCE AGENCY 
                   PERSONNEL FROM TORT LIABILITY.

       Section 15 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403o) is amended by adding at the end the 
     following new subsection:
       ``(d)(1) Notwithstanding any other provision of law, any 
     Agency personnel designated by the Director under subsection 
     (a), or designated by the Director under section 5(a)(4) to 
     carry firearms for the protection of current or former Agency 
     personnel and their immediate families, defectors and their 
     immediate families, and other persons in the United States 
     under Agency auspices, shall be considered for purposes of 
     chapter 171 of title 28, United States Code, or any other 
     provision of law relating to tort liability, to be acting 
     within the scope of their office or employment when such 
     Agency personnel take reasonable action, which may include 
     the use of force, to--
       ``(A) protect an individual in the presence of such Agency 
     personnel from a crime of violence;
       ``(B) provide immediate assistance to an individual who has 
     suffered or who is threatened with bodily harm; or
       ``(C) prevent the escape of any individual whom such Agency 
     personnel reasonably believe to have committed a crime of 
     violence in the presence of such Agency personnel.
       ``(2) Paragraph (1) shall not affect the authorities of the 
     Attorney General under section 2679(d)(1) of title 28, United 
     States Code.
       ``(3) In this subsection, the term `crime of violence' has 
     the meaning given that term in section 16 of title 18, United 
     States Code.''.

     SEC. 403. REPEAL OF OBSOLETE LIMITATION ON USE OF FUNDS IN 
                   CENTRAL SERVICES WORKING CAPITAL FUND.

       Section 21(f)(2) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403u(f)(2)) is amended--
       (1) in subparagraph (A), by striking ``(A) Subject to 
     subparagraph (B), the Director'' and inserting ``The 
     Director''; and
       (2) by striking subparagraph (B).

     SEC. 404. TECHNICAL AMENDMENT TO FEDERAL INFORMATION SECURITY 
                   MANAGEMENT ACT OF 2002.

       Section 3535(b)(1) of title 44, United States Code, as 
     added by section 1001(b)(1) of the Homeland Security Act of 
     2002 (Public Law 107-296), and section 3545(b)(1) of title 
     44, United States Code, as added by section 301(b)(1) of the 
     E-Government Act of 2002 (Public Law 107-347), are each 
     amended by inserting ``or any other law'' after ``1978''.

          TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

     [SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
                   SECURITY AGENCY.

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


          [``operational files of the national security agency

       [``Sec. 705. (a) Exemption of Certain Operational Files 
     From Search, Review, Publication, or Disclosure.--(1) The 
     Director of the National Security Agency, with the 
     coordination of the Director of Central Intelligence, may 
     exempt operational files of the National Security Agency from 
     the provisions of section 552 of title 5, United States Code, 
     which require publication, disclosure, search, or review in 
     connection therewith.
       [``(2)(A) Subject to subparagraph (B), in this section, the 
     term `operational files' means files of the National Security 
     Agency (hereafter in this section referred to as `NSA') which 
     document the means by which foreign intelligence or 
     counterintelligence is collected through technical systems.
       [``(B) Files which are the sole repository of disseminated 
     intelligence are not operational files.
       [``(3) Notwithstanding paragraph (1), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning--
       [``(A) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code;
       [``(B) any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code; or
       [``(C) the specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       [``(i) The Permanent Select Committee on Intelligence of 
     the House of Representatives.
       [``(ii) The Select Committee on Intelligence of the Senate.
       [``(iii) The Intelligence Oversight Board.
       [``(iv) The Department of Justice.
       [``(v) The Office of General Counsel of NSA.

[[Page S10854]]

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

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

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


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

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


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

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

             [``Title VII--Protection of Operational Files

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

     SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
                   SECURITY AGENCY.

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


          ``operational files of the national security agency

       ``Sec. 705. (a) Exemption of Certain Operational Files From 
     Search, Review, Publication, or Disclosure.--(1) Operational 
     files of the National Security Agency (hereafter in this 
     section referred to as `NSA') may be exempted by the Director 
     of NSA, in coordination with the Director of Central 
     Intelligence, from the provisions of section 552 of title 5, 
     United States Code, which require publication, disclosure, 
     search, or review in connection therewith.
       ``(2)(A) In this section, the term `operational files' 
     means--
       ``(i) files of the Signals Intelligence Directorate, and 
     its successor organizations, which document the means by 
     which foreign intelligence or counterintelligence is 
     collected through technical systems; and
       ``(ii) files of the Research Associate Directorate, and its 
     successor organizations, which document the means by which 
     foreign intelligence or counterintelligence is collected 
     through scientific and technical systems.
       ``(B) Files which are the sole repository of disseminated 
     intelligence, and files that have been accessioned into NSA 
     Archives, or its successor organizations, are not operational 
     files.
       ``(3) Notwithstanding paragraph (1), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning--
       ``(A) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code;
       ``(B) any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code; or
       ``(C) the specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       ``(i) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(ii) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       ``(iii) The Intelligence Oversight Board.
       ``(iv) The Department of Justice.
       ``(v) The Office of General Counsel of NSA.
       ``(vi) The Office of the Inspector General of the 
     Department of Defense.

[[Page S10855]]

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

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

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


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

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


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

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

              ``Title VII--Protection of Operational Files

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

     [SEC. 502. PROVISION OF AFFORDABLE LIVING QUARTERS FOR 
                   CERTAIN STUDENTS WORKING AT NATIONAL SECURITY 
                   AGENCY LABORATORY.

       [Section 2195 of title 10, United States Code, is amended 
     by adding at the end the following new subsection:
       [``(d)(1) The Director of the National Security Agency may 
     provide affordable living quarters to a student in the 
     Student Educational Employment Program or similar program (as 
     prescribed by the Office of Personnel Management) while the 
     student is employed at the laboratory of the Agency.
       [``(2) Notwithstanding section 5911(c) of title 5, living 
     quarters may be provided under paragraph (1) without charge, 
     or at rates or charges specified in regulations prescribed by 
     the Director.''.]

     SEC. [503] 502. PROTECTION OF CERTAIN NATIONAL SECURITY 
                   AGENCY PERSONNEL FROM TORT LIABILITY.

       Section 11 of the National Security Agency Act of 1959 (50 
     U.S.C. 402 note) is amended by adding at the end the 
     following new subsection:
       ``(d)(1) Notwithstanding any other provision of law, agency 
     personnel designated by the Director of the National Security 
     Agency under subsection (a) shall be considered for purposes 
     of chapter 171 of title 28, United States Code, or any other 
     provision of law relating to tort liability, to be acting 
     within the scope of their office or employment when such 
     agency personnel take reasonable action, which may include 
     the use of force, to--
       ``(A) protect an individual in the presence of such agency 
     personnel from a crime of violence;
       ``(B) provide immediate assistance to an individual who has 
     suffered or who is threatened with bodily harm; or
       ``(C) prevent the escape of any individual whom such agency 
     personnel reasonably believe to have committed a crime of 
     violence in the presence of such agency personnel.
       ``(2) Paragraph (1) shall not affect the authorities of the 
     Attorney General under section 2679(d)(1) of title 28, United 
     States Code.
       ``(3) In this subsection, the term `crime of violence' has 
     the meaning given that term in section 16 of title 18, United 
     States Code.''.

     [SEC. 504. AUTHORITY FOR INTELLIGENCE COMMUNITY ELEMENTS OF 
                   DEPARTMENT OF DEFENSE TO AWARD PERSONAL SERVICE 
                   CONTRACTS.

       [(a) Authority.--Notwithstanding any other provision of 
     law, amounts appropriated or otherwise made available to a 
     covered component of the Department of Defense may be 
     expended for personal service contracts necessary to carry 
     out the mission of the covered component, including personal 
     services without regard to limitations on types of persons to 
     be employed.
       [(b) Covered Component of the Department of Defense 
     Defined.--In this section, the term ``covered component of 
     the Department of Defense'' means any element of the 
     Department of Defense that is a component of the intelligence 
     community as set forth in or designated under section 3(4) of 
     the National Security Act of 1934 (50 U.S.C. 401a(4)).]

  Mr. ROBERTS. Mr. President, I am pleased to appear before my 
colleagues to support early Senate passage of the fiscal year 2004 
intelligence authorization bill. This is a good bill, crafted within 
the unique bipartisan process used for over a quarter century by the 
Senate Intelligence Committee.
  No bipartisan effort can be effective without good personal 
cooperation. I

[[Page S10856]]

have received such cooperation from my friend and colleague, the 
distinguished Vice Chairman, Senator Rockefeller. It is a privilege to 
be working with him on these important national security issues.
  This bill will serve our Nation's security interests during a time of 
troubling international conflict. I would like to review a few of the 
bill's significant provisions and some of the difficult budget choices 
which the Intelligence Committee made.
  The version of our bill which Senators are considering reflects 
changes which the Armed Services Committee made to the bill on 
sequential referral. The Intelligence Committee and Armed Services 
Committee reconciled differences in the bills amicably and 
professionally, with the equities of both committees in mind.
  The unclassified fiscal year 2004 intelligence bill contains 
reasonable new management and national security authorities for the 
intelligence community.
  For example, section 311 will give the intelligence community 
additional flexibility to act quickly to meet higher priority needs by 
eliminating the ``unforeseen requirements'' criterion for 
reprogrammings.
  Section 312 of the bill accounts for increased construction costs by 
raising (but not eliminating) the thresholds for notification to 
Congress on certain intelligence community construction and renovation 
projects and by shortening or removing the waiting period for beginning 
urgent or emergency projects.
  Section 315 would set up a program to cultivate and encourage college 
students to become intelligence analysts. Good analysts do not grow on 
trees. As the intelligence community fights the war on terrorism, good 
language and area specialists are more important than ever.
  The bill also creates a series of ``one-time'' reporting requirements 
in critical areas. Many of these reports will form the basis for 
committee efforts to address the concerns outlined in the report of the 
joint inquiry into the attacks of September 11. For example, we require 
reports on the following topics: The threat that ``cleared insiders'' 
like Robert Hanssen pose to classified computer networks; the adequacy 
and future direction of U.S. Government security investigations and 
clearance procedures; the creation of a ``community of intelligence 
experts'' by transferring civilian intelligence personnel among all 
elements of the intelligence community; the modifications to law and 
policy necessary to facilitate intelligence sharing; the strategic 
planning by the Director of Central Intelligence and Secretary of 
Defense with respect to the intelligence community; and the growing 
dependence by the United States on computer hardware and software 
manufactured overseas.
  Two of the reporting requirements deal with Iraq.
  Section 337 requires a report to the Congress on Intelligence lessons 
learned in Iraq--similar to a provision in the current House 
intelligence bill. Section 338 of the bill requires a report on the 
conventional arms and ammunition acquired by Saddam Hussein in 
violation of U.N. sanctions. Given the subject matter, these reports 
will also be made available to the Senate Foreign Relations and House 
International Relations Committees.
  Section 339 reduces burdens on the intelligence community and 
reconciles oversight priorities by repealing a number of recurring 
reporting requirements relating to intelligence activities. Reviewing 
reporting requirements and clearing out the cobwebs is a healty 
exercise for any committee.
  In title IV of the bill, there are notable ``CIA-specific'' 
provisions.
  Section 401 removes the ``prior notification'' requirement for a 
limited category of CIA ``quality of life'' benefits that have already 
been authorized by law for members of the Foreign Service. It does not 
disturb advance notification requirements for agency-unique benefits 
adopted under the CIA Act.
  Section 402 affords tort immunity benefits to CIA security protective 
officers (SPOs) and protective detail personnel designated by the DCI 
to protect certain agency employees, defectors, their immediate 
families, and other persons in the U.S. under CIA auspices. The 
provision would afford to SPOs and protective details the same 
protection against liability for assault, battery, false arrest, 
negligence, and other common law torts that certain law enforcement and 
Diplomatic Security Service officers enjoy already.
  Section 404 of our bill is a technical amendment to the recently 
passed Federal Information Security Management Act (FISMA) of 2002. The 
FISMA amendment permits inspector generals authorized by laws other 
than the Inspector General Act, such as the CIA inspector general, to 
perform security evaluations on information systems at their respective 
agencies.
  Title V of the bill contains provisions related to intelligence 
community elements residing in DOD.
  Section 501 of the bill would exempt certain National Security Agency 
operational files from disclosure under the Freedom of Information Act 
and is identical to the provision recently approved by the Senate in 
the Defense Authorization bill.
  Section 503 allows designated NSA security officers to carry firearms 
while on official duty to protect NSA employees and property in the 
U.S. This provision would provide virtually identical protections to 
those in Section 402 for CIA security protective officers.
  Turning to the budget, when we began to review the President's fiscal 
year 2004 request, I became very concerned at the recent growth in 
intelligence funding.
  There is clearly not enough money in future years to fully fund the 
intelligence programs in this year's budget request. That is the sad 
reality of this budget. The intelligence community is stretched thin, 
with far more requirements than available funds. Too many projects and 
activities have been started that cannot be accommodated in the top 
line. It does not matter what caused this problem. The problem exists.
  A significant issue that must be addressed by the executive branch is 
the manner in which cost estimates for the procurement of major 
intelligence community systems are conducted. The magnitude and 
consistency in the cost growth on recent acquisitions indicates a 
systemic intelligence community bias to underestimate the cost of major 
systems.
  This ``perceived affordability'' creates difficulties in the out 
hears as the National Foreign Intelligence Program becomes burdened 
with content that is more costly than the budgeted funding. This 
underestimation of future costs has resulted in significant reshuffling 
of the NFIP to meet emerging shortfalls.
  Unless there is a dramatic and sustained increase in the intelligence 
budget, we face some hard choices. My colleagues and I decided that 
there is no time like the present to make them. In the reported bill, 
we have made an effort to address some of the shortfalls that came to 
light as a result of the joint inquiry into the September 11 attacks. 
In this bill, the committee tries to emphasize programs which begin to 
correct those deficiencies.
  We also sought to support the war on terrorism by supporting related 
intelligence community programs. We try, in this measure, to accelerate 
advanced technology programs to provide better intelligence in the 
future. In the managers' amendment, we would statutorily mandate a 
fundamentally more sound approach to cost estimates for major systems.
  In short, the committee made some tough choices. It is our hope that 
some of the additional programs we were forced to cut can be funded 
through alternative means.
  In closing, we have vetted and prepared a managers' amendment that 
reflects a number of additional items which Senator Rockefeller and I 
recommend for Senate passage in this bill. we have included some highly 
technical corrections to the bill and have worked to address concerns 
expressed by some Members regarding the committee's attempt to relieve 
the intelligence community from burdensome and dated reporting 
requirements.
  We have also added several substantive provisions, based on 
supporting materials supplied by the administration and further 
investigation by the committee staff. Our amendments would: create a 
one-time report to examine the analytic arm of the Department of 
Homeland Security and the interaction between the Department and the 
Terrorist Threat Integration Center (TTIC); require the preparation and 
submission of independent

[[Page S10857]]

cost estimates to accompany budget requests for major systems 
acquisitions over $500,000,000, and require the preparation of budgets 
consistent with these estimates; help prevent money laundering by 
ensuring ex parte and in camera review by the presiding judge of 
classified information used to identify jurisdictions, institutions, 
transactions, and accounts that are of primary money laundering 
concern; and permit Central Intelligence Agency employees in the 
compensation reform pilot program to contribute bonus pay to their 
Thrift Savings Plan--an added incentive for exceptional performers.
  The committee staff and I will provide any member additional 
information concerning any of the provisions or programs in the 
intelligence bill. Again, I urge my colleagues to support the bill.
  Mr. ROCKEFELLER. Mr. President, I am pleased to join the 
distinguished chairman of the Select Committee on Intelligence in 
presenting S. 1025, the proposed Intelligence Authorization Act for 
fiscal year 2004, which will begin on October 1, 2003. I would like to 
join the chairman in noting the bipartisan manner in which the 
committee approaches its legislative work, and congratulate him for his 
leadership in maintaining that tradition.
  The bill has two main functions.
  First, the bill authorizes the appropriation of funds for the 
intelligence and intelligence-related activities of the Central 
Intelligence Agency, the Defense Intelligence Agency, the National 
Security Agency, the FBI, and other intelligence elements of the U.S. 
Government. For the first time, the intelligence component of the 
Department of Homeland Security is included in the annual intelligence 
authorization. The actual appropriation of funds, of course, must be 
made in separate appropriation legislation that will follow, within the 
parameters set by this authorization legislation.
  Second, the bill establishes or amends legal authority for the 
intelligence community or directs the preparation of reports by the 
Director of Central Intelligence or heads of components of the 
intelligence community.
  The classified nature of United States intelligence activities 
prevents us from disclosing publicly the details of our budgetary 
recommendations. Accordingly, nearly all our budgetary recommendations 
are in a classified annex. The annex is available to all Members of the 
Senate, either at the Intelligence Committee or S-407 in the Capitol.
  Ten years ago this November, I joined a majority of Senate colleagues 
in voting to express the sense of Congress that the aggregate amount 
requested, authorized, and spent for intelligence and intelligence-
related activities should be disclosed to the public in an appropriate 
manner. The House opposed the provision.
  I continue to believe we should find a means, consistent with 
national security, of sharing with the American taxpayer information 
about the total amount, although not the details, of our intelligence 
spending. One reason is illustrated by this year's intelligence 
authorization report in the House. The House committee found that the 
U.S. intelligence community has been recovering from cutbacks in 
budgets, personnel, and capabilities that followed the cold war. But 
how can the American people know, in a timely way, not years later, 
when there are cutbacks? How can they make their opinions known unless 
the President and Congress give them basic information on the overall 
size of the intelligence budget? Further, in holding the intelligence 
community accountable for performance, citizens should know the 
Nation's overall investment in intelligence.
  We are on the threshold of important decisions about the future of 
the U.S. intelligence community. Last week's 911 report of the 
congressional intelligence committees has shed additional light on 
major problems of U.S. intelligence before the terrorist attacks of 
September 11. As it works toward its final report next year, the 
independent National Commission on Terrorist Attacks Upon the United 
States, building on the foundation laid by the joint inquiry, will be 
adding information and insights. And the Senate and House Intelligence 
Committees each are in the midst of extensive examinations of U.S. 
intelligence on Iraq.
  It is fair to say, I believe, that rarely before have we had as much 
information about the performance of U.S. intelligence. With that 
knowledge comes a responsibility, for the intelligence committees, 
Congress as a whole, the intelligence community, and the President, to 
complete the improvements that the facts show are required. But we do 
not have the luxury to wait for further reports to begin reforms. Al-
Qaida and other terrorist organizations cannot be expected to take a 
holiday while additional studies are done, and so we must take critical 
initial steps now.
  The need for improving information sharing and the need for enhancing 
intelligence community analyses were high among the recommendations of 
the joint 911 inquiry.
  Last November, the Congress took a key step in improving information 
sharing in establishing, in the Department of Homeland Security, a 
Directorate for Information Analysis and Infrastructure Protection. 
Last month, on the favorable recommendation of our committee, the 
Senate confirmed retired Marine Corps General Frank Libutti to be Under 
Secretary in charge of that Directorate. As set forth in the Homeland 
Security Act, he is to have access to law enforcement, intelligence 
information, and other information from Federal, State, and local 
agencies, and is to integrate that information to identify terrorist 
threats to the U.S. homeland. The President took a further and somewhat 
different step in integrating threat information, in ordering this past 
January the establishment of a Terrorist Threat Integration Center 
under the Director of Central Intelligence.
  The successful integration of terrorism threat information--including 
ensuring that terrorism threat matters do not fall between a crack 
between the Homeland Security Directorate established by Congress and 
the Center established by the President, is a great organizational 
challenge facing the intelligence community this year. Our managers' 
amendment calls for a comprehensive report on the operations of the 
Homeland Security Directorate and the Terrorist Threat Integration 
Center. The Congress should use that information as a basis for 
vigorous oversight and further legislation if needed.

  Our need to integrate information is not limited to terrorism 
threats. It extends across the spectrum of U.S. intelligence. To that 
end, section 314 directs the Director of Central Intelligence to carry 
out a pilot program on the advisability of permitting intelligence 
analysis of various elements of the intelligence community to access 
and analyze intelligence from the databases of other elements of the 
intelligence community. Our bill requires that the program include 
National Security Agency signals intelligence, but also authorizes the 
Director of Central Intelligence to extend it to other intelligence 
units. The program is to enhance the intelligence community's capacity 
for ``all source fusion'' analysis in support of its functions. The 
Director of Central Intelligence and the Secretary of Defense are to 
assess the pilot program and report to Congress.
  Another provision, section 334, will start a process for Presidential 
review, and then congressional consideration, of policies and 
regulations that may impede sharing, for national and homeland security 
purposes, of classified information among Federal agencies, and between 
them and State and local governments or the private sector.
  To increase the number of trained intelligence analysis, section 315 
directs the Director of Central Intelligence to carry out and report to 
Congress on a pilot program on the feasibility and advisability of 
preparing selected students, through a program similar to the 
Department of Defense's Reserve Officers' Training Corps, for 
employment as intelligence analysts.
  Greater integration in the intelligence community is an imperative 
that goes beyond information sharing and analysis. Another long-term 
objective of the bill, set forth in section 335, is to improve 
coordination between the Department of Defense and the intelligence 
community concerning strategic and budgetary planning. With the growing 
importance of intelligence to military operations, the Department of 
Defense should recognize the contribution the Director of Central 
Intelligence can make in the development of national military strategy.

[[Page S10858]]

  Three sections of our bill address important information security and 
counterintelligence issues.
  Section 331 addresses the danger posed by disloyal cleared insiders 
who have access to vulnerable computers and computer systems, as 
exemplified in the Brian Regan and Robert Hanssen espionage cases. The 
bill directs the submission of a report by the Director of Central 
Intelligence and the Secretary of Defense which describes in detail 
what steps are being taken to eliminate these threats, including any 
budget requirements to address shortfalls.
  Section 332 calls for a report on security clearance procedures in 
the Federal Government. Our report notes that most publicly known 
instances of foreign espionage in the United States have involved 
persons who legitimately obtained clearances before deciding to betray 
our country. The committee has identified as a subject for assessment, 
the relative risks of disloyalty before clearance and after clearance. 
We need to learn from the experience of past betrayals. Accordingly, 
the committee is asking that a joint report of the Director of Central 
Intelligence and Secretary of Defense recommend how background 
investigations might in the future be better targeted to historically 
verifiable counterintelligence vulnerabilities.
  Section 336 addressed a further security vulnerability, namely, the 
extent of the dependence of the United States on computer hardware or 
software manufactured overseas. Our report notes that most leading 
suppliers of hardware and software to the United States are countries 
that the FBI indicates are engaged in economic espionage against us. 
Section 336 would direct the Director of Central Intelligence to submit 
a report to assist Congress in developing policies that address this 
new vulnerability.
  Finally, I would like to make an observation about our committee's 
future work on intelligence legislation. There are important issues 
identified by the joint 9/11 inquiry, including fundamental ones about 
the leadership of the intelligence community, that must be on our 
agenda for future action.
  The joint inquiry recommended that Congress establish a Director of 
National Intelligence who, in addition to being the President's 
principal adviser on intelligence, shall have the management, 
budgetary, and personnel powers needed to make the entire U.S. 
intelligence community operate as a coherent whole. The joint inquiry 
recommended that in order to ensure this leadership, Congress should 
require that no person may simultaneously serve as both the Director of 
National Intelligence and as CIA Director or as the director of any 
other specific intelligence agency. Earlier this year, a member of our 
committee, Senator Feinstein, introduced legislation on that subject. 
And Senator Graham has now introduced legislation, which I am 
privileged to cosponsor, that includes Senator Feinstein's bill as part 
of a comprehensive measure to implement the recommendations of the 
joint inquiry.
  Our Committee's present bill is a good downpayment on the reforms 
that we should be considering in the time ahead. I urge both the 
passage of the intelligence authorization bill as well as renewal of 
our commitment to work together on the continuing task of improving our 
intelligence community.
  Mr. SUNUNU. Mr. President, I ask unanimous consent that the Armed 
Services Committee amendments be agreed to and considered as original 
text for the purpose of further amendment; that the managers' amendment 
be agreed to; that the bill, as amended, be read a third time; that the 
Senate then proceed to Calendar No. 184, H.R. 2417, the House 
companion, that all after the enacting clause be stricken and the text 
of S. 1025, as amended, be inserted; that the bill, as amended, be read 
a third time and passed, the motion to reconsider be laid upon the 
table; and that any statements relating to the bill be printed in the 
Record.
  In addition, I ask unanimous consent that the Senate insist upon its 
amendments and request a conference with the House.
  I ask unanimous consent that the Chair be authorized to appoint 
conferees from the Intelligence Committee; further, that the Chair 
appoint conferees from the Armed Services Committee in the ratio of 1 
to 1 for matters that fall within their jurisdiction.
  Further, I ask consent that S. 1025 be returned to the calendar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendment (No. 1538) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 1025), as amended, was read the third time.
  The bill (H.R. 2417), as amended, was read the third time and passed, 
as follows:

                               H.R. 2417

         Resolved, That the bill from the House of Representatives 
     (H.R. 2417) entitled ``An Act to authorize appropriations for 
     fiscal year 2004 for intelligence and intelligence-related 
     activities of the United States Government, the Community 
     Management Account, and the Central Intelligence Agency 
     Retirement and Disability System, and for other purposes.'', 
     do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Preparation and submittal of reports, reviews, studies, and 
              plans relating to intelligence activities of Department 
              of Defense or Department of Energy.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

                Subtitle A--Recurring General Provisions

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.

                        Subtitle B--Intelligence

Sec. 311. Modification of authority to obligate and expend certain 
              funds for intelligence activities.
Sec. 312. Modification of notice and wait requirements on projects to 
              construct or improve intelligence community facilities.
Sec. 313. Pilot program on analysis of signals and other intelligence 
              by intelligence analysts of various elements of the 
              intelligence community.
Sec. 314. Pilot program on training for intelligence analysts.
Sec. 315. Extension of National Commission for the Review of the 
              Research and Development Programs of the United States 
              Intelligence Community.
Sec. 316. Budget treatment of costs of acquisition of major systems by 
              the intelligence community.

                        Subtitle C--Surveillance

Sec. 321. Clarification and modification of sunset of surveillance-
              related amendments made by USA PATRIOT ACT of 2001.

                          Subtitle D--Reports

Sec. 331. Report on cleared insider threat to classified computer 
              networks.
Sec. 332. Report on security background investigations and security 
              clearance procedures of the Federal Government.
Sec. 333. Report on detail of civilian intelligence personnel among 
              elements of the intelligence community and the Department 
              of Defense.
Sec. 334. Report on modifications of policy and law on classified 
              information to facilitate sharing of information for 
              national security purposes.
Sec. 335. Report of Secretary of Defense and Director of Central 
              Intelligence on strategic planning.
Sec. 336. Report on United States dependence on computer hardware and 
              software manufactured overseas.
Sec. 337. Report on lessons learned from military operations in Iraq.
Sec. 338. Reports on conventional weapons and ammunition obtained by 
              Iraq in violation of certain United Nations Security 
              Council resolutions.
Sec. 339. Repeal of certain report requirements relating to 
              intelligence activities.
Sec. 340  Report on operations of Directorate of Information Analysis 
              and Infrastructure Protection and Terrorist Threat 
              Integration Center.

                       Subtitle E--Other Matters

Sec. 351. Extension of suspension of reorganization of Diplomatic 
              Telecommunications Service Program Office.

[[Page S10859]]

Sec. 352. Modifications of authorities on explosive materials.
Sec. 353. Modification of prohibition on the naturalization of certain 
              persons.
Sec. 354. Modification to definition of financial institution in the 
              Right to Financial Privacy Act.
Sec. 355. Coordination of Federal Government research on security 
              evaluations.
Sec. 356. Technical amendments.
Sec. 357. Treatment of classified information in money laundering 
              cases.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Amendment to certain Central Intelligence Agency Act of 1949 
              notification requirements.
Sec. 402. Protection of certain Central Intelligence Agency personnel 
              from tort liability.
Sec. 403. Repeal of obsolete limitation on use of funds in Central 
              Services Working Capital Fund.
Sec. 404. Technical amendment to Federal Information Security 
              Management Act of 2002.
Sec. 405. Contribution by Central Intelligence Agency employees of 
              certain bonus pay to Thrift Savings Plan accounts.

          TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

Sec. 501. Protection of operational files of the National Security 
              Agency.
Sec. 502. Protection of certain National Security Agency personnel from 
              tort liability.
Sec. 503. Use of funds for counterdrug and counterterrorism activities 
              for Colombia.
Sec. 504. Scene visualization technologies.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

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

     SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

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

     SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

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

     SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

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

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

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

                     TITLE III--GENERAL PROVISIONS

                Subtitle A--Recurring General Provisions

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

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

     SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this Act shall not 
     be deemed to constitute authority

[[Page S10860]]

     for the conduct of any intelligence activity which is not 
     otherwise authorized by the Constitution or the laws of the 
     United States.

                        Subtitle B--Intelligence

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

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

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

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

     SEC. 313. PILOT PROGRAM ON ANALYSIS OF SIGNALS AND OTHER 
                   INTELLIGENCE BY INTELLIGENCE ANALYSTS OF 
                   VARIOUS ELEMENTS OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--The Director of Central Intelligence 
     shall, in coordination with the Secretary of Defense, carry 
     out a pilot program to assess the feasibility and 
     advisability of permitting intelligence analysts of various 
     elements of the intelligence community to access and analyze 
     intelligence from the databases of other elements of the 
     intelligence community in order to achieve the objectives set 
     forth in subsection (c).
       (b) Covered Intelligence.--The intelligence to be analyzed 
     under the pilot program under subsection (a) shall include 
     the following:
       (1) Signals intelligence of the National Security Agency.
       (2) Such intelligence of other elements of the intelligence 
     community as the Director shall select for purposes of the 
     pilot program.
       (c) Objectives.--The objectives set forth in this 
     subsection are as follows:
       (1) To enhance the capacity of the intelligence community 
     to undertake so-called ``all source fusion'' analysis in 
     support of the intelligence and intelligence-related missions 
     of the intelligence community.
       (2) To reduce, to the extent practicable, the amount of 
     intelligence collected by the intelligence community that is 
     not assessed, or reviewed, by intelligence analysts.
       (3) To reduce the burdens imposed on analytical personnel 
     of the elements of the intelligence community by current 
     practices regarding the sharing of intelligence among 
     elements of the intelligence community.
       (d) Commencement.--The Director shall commence the pilot 
     program under subsection (a) not later than December 31, 
     2003.
       (e) Various Mechanisms Required.--In carrying out the pilot 
     program under subsection (a), the Director shall develop and 
     utilize various mechanisms to facilitate the access to, and 
     the analysis of, intelligence in the databases of the 
     intelligence community by intelligence analysts of other 
     elements of the intelligence community, including the use of 
     so-called ``detailees in place''.
       (f) Security.--(1) In carrying out the pilot program under 
     subsection (a), the Director shall take appropriate actions 
     to protect against the disclosure and unauthorized use of 
     intelligence in the databases of the elements of the 
     intelligence community which may endanger sources and methods 
     which (as determined by the Director) warrant protection.
       (2) The actions taken under paragraph (1) shall include the 
     provision of training on the accessing and handling of 
     information in the databases of various elements of the 
     intelligence community and the establishment of limitations 
     on access to information in such databases to United States 
     persons.
       (g) Assessment.--Not later than February 1, 2004, after the 
     commencement under subsection (d) of the pilot program under 
     subsection (a), the Under Secretary of Defense for 
     Intelligence and the Assistant Director of Central 
     Intelligence for Analysis and Production shall jointly carry 
     out an assessment of the progress of the pilot program in 
     meeting the objectives set forth in subsection (c).
       (h) Report.--(1) The Director of Central Intelligence 
     shall, in coordination with the Secretary of Defense, submit 
     to the appropriate committees of Congress a report on the 
     assessment carried out under subsection (g).
       (2) The report shall include--
       (A) a description of the pilot program under subsection 
     (a);
       (B) the findings of the Under Secretary and Assistant 
     Director as a result of the assessment;
       (C) any recommendations regarding the pilot program that 
     the Under Secretary and the Assistant Director jointly 
     consider appropriate in light of the assessment; and
       (D) any recommendations that the Director and Secretary 
     consider appropriate for purposes of the report.
       (i) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 314. PILOT PROGRAM ON TRAINING FOR INTELLIGENCE 
                   ANALYSTS.

       (a) Pilot Program Required.--(1) The Director of Central 
     Intelligence shall carry out a pilot program to assess the 
     feasibility and advisability of providing for the preparation 
     of selected students for availability for employment as 
     intelligence analysts for the intelligence and intelligence-
     related activities of the United States through a training 
     program similar to the Reserve Officers' Training Corps 
     programs of the Department of Defense.
       (2) The pilot program shall be known as the Intelligence 
     Community Analyst Training Program.
       (b) Elements.--In carrying out the pilot program under 
     subsection (a), the Director shall establish and maintain one 
     or more cadres of students who--
       (1) participate in such training as intelligence analysts 
     as the Director considers appropriate; and
       (2) upon completion of such training, are available for 
     employment as intelligence analysts under such terms and 
     conditions as the Director considers appropriate.
       (c) Duration.--The Director shall carry out the pilot 
     program under subsection (a) during fiscal years 2004 through 
     2006.
       (d) Limitation on Number of Members During Fiscal Year 
     2004.--The total number of individuals participating in the 
     pilot program under subsection (a) during fiscal year 2004 
     may not exceed 150 students.
       (e) Responsibility.--The Director shall carry out the pilot 
     program under subsection (a) through the Assistant Director 
     of Central Intelligence for Analysis and Production.
       (f) Reports.--(1) Not later than 120 days after the date of 
     the enactment of this Act, the Director shall submit to 
     Congress a preliminary report on the pilot program under 
     subsection (a), including a description of the pilot program 
     and the authorities to be utilized in carrying out the pilot 
     program.
       (2) Not later than one year after the commencement of the 
     pilot program, the Director shall submit to Congress a report 
     on the pilot program. The report shall include--
       (A) a description of the activities under the pilot 
     program, including the number of individuals who participated 
     in the pilot program and the training provided such 
     individuals under the pilot program;
       (B) an assessment of the effectiveness of the pilot program 
     in meeting the purpose of the pilot program; and
       (C) any recommendations for additional legislative or 
     administrative action that the Director considers appropriate 
     in light of the pilot program.
       (g) Funding.--Of the amounts authorized to be appropriated 
     by this Act, $8,000,000 shall be available in fiscal year 
     2004 to carry out this section.

     SEC. 315. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF 
                   THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE 
                   UNITED STATES INTELLIGENCE COMMUNITY.

       Section 1007(a) of the Intelligence Authorization Act for 
     Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2442; 50 
     U.S.C. 401 note) is amended by striking ``September 1, 
     2003,'' and inserting ``September 1, 2004,''.

     SEC. 316. BUDGET TREATMENT OF COSTS OF ACQUISITION OF MAJOR 
                   SYSTEMS BY THE INTELLIGENCE COMMUNITY.

       (a) Findings.--Congress makes the following findings:
       (1) Funds within the National Foreign Intelligence Program 
     often must be shifted from program to program and from fiscal 
     year to fiscal year to address funding shortfalls caused by 
     significant increases in the costs of acquisition of major 
     systems by the intelligence community.
       (2) While some increases in the costs of acquisition of 
     major systems by the intelligence community are unavoidable, 
     the magnitude of growth in the costs of acquisition of many 
     major systems indicates a systemic bias within the 
     intelligence community to underestimate the costs of such 
     acquisition, particularly in the preliminary stages of 
     development and production.
       (3) Decisions by Congress to fund the acquisition of major 
     systems by the intelligence community rely significantly upon 
     initial estimates of the affordability of acquiring such 
     major systems and occur within a context in which funds can 
     be allocated for a variety of alternative programs. Thus, 
     substantial increases in costs of acquisition of major 
     systems place significant burdens on the availability of 
     funds for other programs and new proposals within the 
     National Foreign Intelligence Program.
       (4) Independent cost estimates, prepared by independent 
     offices, have historically represented a more accurate 
     projection of the costs of acquisition of major systems.
       (5) Recognizing the benefits associated with independent 
     cost estimates for the acquisition of major systems, the 
     Secretary of Defense has built upon the statutory requirement 
     in section 2434 of title 10, United States Code, to develop

[[Page S10861]]

     and consider independent cost estimates for the acquisition 
     of such systems by mandating the use of such estimates in 
     budget requests of the Department of Defense.
       (6) The mandatory use throughout the intelligence community 
     of independent cost estimates for the acquisition of major 
     systems will assist the President and Congress in the 
     development and funding of budgets which more accurately 
     reflect the requirements and priorities of the United States 
     Government for intelligence and intelligence-related 
     activities.
       (b) Budget Treatment of Costs of Acquisition of Major 
     Systems.--Title V of the National Security Act of 1947 (50 
     U.S.C. 413 et seq.) is amended by inserting after section 506 
     the following new section:


  ``Budget treatment of costs of acquisition of major systems by the 
                         intelligence community

       ``Sec. 506A. (a) Independent Cost Estimates.--(1) The 
     Director of Central Intelligence shall, in consultation with 
     the head of each element of the intelligence community 
     concerned, prepare an independent cost estimate of the full 
     life-cycle cost of development, procurement, and operation of 
     each major system to be acquired by the intelligence 
     community.
       ``(2) Each independent cost estimate for a major system 
     shall, to the maximum extent practicable, specify the amount 
     required to be appropriated and obligated to develop, 
     procure, and operate the major system in each fiscal year of 
     the proposed period of development, procurement, and 
     operation of the major system.
       ``(3)(A) In the case of a program of the intelligence 
     community that qualifies as a major system, an independent 
     cost estimate shall be prepared before the submission to 
     Congress of the budget of the President for the first fiscal 
     year in which appropriated funds are anticipated to be 
     obligated for the development or procurement of such major 
     system.
       ``(B) In the case of a program of the intelligence 
     community for which an independent cost estimate was not 
     previously required to be prepared under this section, 
     including a program for which development or procurement 
     commenced before the date of the enactment of the 
     Intelligence Authorization Act for Fiscal Year 2004, if the 
     aggregate future costs of development or procurement (or any 
     combination of such activities) of the program will exceed 
     $500,000,000 (in current fiscal year dollars), the program 
     shall qualify as a major system for purposes of this section, 
     and an independent cost estimate for such major system shall 
     be prepared before the submission to Congress of the budget 
     of the President for the first fiscal year thereafter in 
     which appropriated funds are anticipated to be obligated for 
     such major system.
       ``(4) The independent cost estimate for a major system 
     shall be updated upon--
       ``(A) the completion of any preliminary design review 
     associated with the major system;
       ``(B) any significant modification to the anticipated 
     design of the major system; or
       ``(C) any change in circumstances that renders the current 
     independent cost estimate for the major system inaccurate.
       ``(5) Any update of an independent cost estimate for a 
     major system under paragraph (4) shall meet all requirements 
     for independent cost estimates under this section, and shall 
     be treated as the most current independent cost estimate for 
     the major system until further updated under that paragraph.
       ``(b) Preparation of Independent Cost Estimates.--(1) The 
     Director shall establish within the Office of the Deputy 
     Director of Central Intelligence for Community Management an 
     office which shall be responsible for preparing independent 
     cost estimates, and any updates thereof, under subsection 
     (a), unless a designation is made under paragraph (2).
       ``(2) In the case of the acquisition of a major system for 
     an element of the intelligence community within the 
     Department of Defense, the Director and the Secretary of 
     Defense shall provide that the independent cost estimate, and 
     any updates thereof, under subsection (a) be prepared by an 
     entity jointly designated by the Director and the Secretary 
     in accordance with section 2434(b)(1)(A) of title 10, United 
     States Code.
       ``(c) Utilization in Budgets of President.--If the budget 
     of the President requests appropriations for any fiscal year 
     for the development or procurement of a major system by the 
     intelligence community, the President shall request in such 
     budget an amount of appropriations for the development or 
     procurement, as the case may be, of the major system that is 
     equivalent to the amount of appropriations identified in the 
     most current independent cost estimate for the major system 
     for obligation for each fiscal year for which appropriations 
     are requested for the major system in such budget.
       ``(d) Inclusion of Estimates in Budget Justification 
     Materials.--The budget justification materials submitted to 
     Congress in support of the budget of the President shall 
     include the most current independent cost estimate under this 
     section for each major system for which appropriations are 
     requested in such budget for any fiscal year.
       ``(e) Definitions.--In this section:
       ``(1) The term `budget of the President' means the budget 
     of the President for a fiscal year as submitted to Congress 
     under section 1105(a) of title 31, United States Code.
       ``(2) The term `independent cost estimate' means a 
     pragmatic and neutral analysis, assessment, and 
     quantification of all costs and risks associated with the 
     acquisition of a major system, which shall be based on 
     programmatic and technical specifications provided by the 
     office within the element of the intelligence community with 
     primary responsibility for the development, procurement, or 
     operation of the major system.
       ``(3) The term `major system' means any significant program 
     of an element of the intelligence community with projected 
     total development and procurement costs exceeding 
     $500,000,000 (in current fiscal year dollars), which costs 
     shall include all end-to-end program costs, including costs 
     associated with the development and procurement of the 
     program and any other costs associated with the development 
     and procurement of systems required to support or utilize the 
     program.''.
       (c) Clerical Amendment.--The table of contents for the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 506 the following new item:

``Sec. 506A. Budget treatment of costs of acquisition of major systems 
              by the intelligence community.''.

                        Subtitle C--Surveillance

     SEC. 321. CLARIFICATION AND MODIFICATION OF SUNSET OF 
                   SURVEILLANCE-RELATED AMENDMENTS MADE BY USA 
                   PATRIOT ACT OF 2001.

       (a) Clarification.--Section 224 of the USA PATRIOT ACT of 
     2001 (Public Law 107-56; 115 Stat. 295) is amended by adding 
     at the end the following new subsection:
       ``(c) Effect of Sunset.--Effective on December 31, 2005, 
     each provision of law the amendment of which is sunset by 
     subsection (a) shall be revived so as to be in effect as such 
     provision of law was in effect on October 25, 2001.''.
       (b) Modification.--Subsection (a) of that section is 
     amended by inserting ``204,'' after ``203(c),''.

                          Subtitle D--Reports

     SEC. 331. REPORT ON CLEARED INSIDER THREAT TO CLASSIFIED 
                   COMPUTER NETWORKS.

       (a) Report Required.--The Director of Central Intelligence 
     and the Secretary of Defense shall jointly submit to the 
     appropriate committees of Congress a report on the risks to 
     the national security of the United States of the current 
     computer security practices of the elements of the 
     intelligence community and of the Department of Defense.
       (b) Assessments.--The report under subsection (a) shall 
     include an assessment of the following:
       (1) The vulnerability of the computers and computer systems 
     of the elements of the intelligence community, and of the 
     Department of Defense, to various threats from foreign 
     governments, international terrorist organizations, and 
     organized crime, including information warfare (IW), 
     Information Operations (IO), Computer Network Exploitation 
     (CNE), and Computer Network Attack (CNA).
       (2) The risks of providing users of local area networks 
     (LANs) or wide-area networks (WANs) of computers that include 
     classified information with capabilities for electronic mail, 
     upload and download, or removable storage media without also 
     deploying comprehensive computer firewalls, accountability 
     procedures, or other appropriate security controls.
       (3) Any other matters that the Director and the Secretary 
     jointly consider appropriate for purposes of the report.
       (c) Information on Access to Networks.--The report under 
     subsection (a) shall also include information as follows:
       (1) An estimate of the number of access points on each 
     classified computer or computer system of an element of the 
     intelligence community or the Department of Defense that 
     permit unsupervised uploading or downloading of classified 
     information, set forth by level of classification.
       (2) An estimate of the number of individuals utilizing such 
     computers or computer systems who have access to input-output 
     devices on such computers or computer systems.
       (3) A description of the policies and procedures governing 
     the security of the access points referred to in paragraph 
     (1), and an assessment of the adequacy of such policies and 
     procedures.
       (4) An assessment of viability of utilizing other 
     technologies (including so-called ``thin client servers'') to 
     achieve enhanced security of such computers and computer 
     systems through more rigorous control of access to such 
     computers and computer systems.
       (d) Recommendations.--The report under subsection (a) shall 
     also include such recommendations for modifications or 
     improvements of the current computer security practices of 
     the elements of the intelligence community, and of the 
     Department of Defense, as the Director and the Secretary 
     jointly consider appropriate as a result of the assessments 
     under subsection (b) and the information under subsection 
     (c).
       (e) Submittal Date.--The report under subsection (a) shall 
     be submitted not later than February 15, 2004.
       (f) Form.--The report under subsection (a) may be submitted 
     in classified or unclassified form, at the election of the 
     Director.
       (g) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.
       (2) The term ``elements of the intelligence community'' 
     means the elements of the intelligence community set forth in 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).

     SEC. 332. REPORT ON SECURITY BACKGROUND INVESTIGATIONS AND 
                   SECURITY CLEARANCE PROCEDURES OF THE FEDERAL 
                   GOVERNMENT.

       (a) Report Required.--The Director of Central Intelligence 
     and the Secretary of Defense shall jointly submit to the 
     appropriate committees of Congress a report on the utility 
     and effectiveness of the current security background

[[Page S10862]]

     investigations and security clearance procedures of the 
     Federal Government in meeting the purposes of such 
     investigations and procedures.
       (b) Particular Report Matters.--In preparing the report, 
     the Director and the Secretary shall address in particular 
     the following:
       (1) A comparison of the costs and benefits of conducting 
     background investigations for Secret clearance with the costs 
     and benefits of conducting full field background 
     investigations.
       (2) The standards governing the revocation of security 
     clearances.
       (c) Recommendations.--The report under subsection (a) shall 
     include such recommendations for modifications or 
     improvements of the current security background 
     investigations or security clearance procedures of the 
     Federal Government as the Director and the Secretary jointly 
     consider appropriate as a result of the preparation of the 
     report under that subsection.
       (d) Submittal Date.--The report under subsection (a) shall 
     be submitted not later than February 15, 2004.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committees 
     on Armed Services and the Judiciary of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committees on Armed Services and the Judiciary of the House 
     of Representatives.

     SEC. 333. REPORT ON DETAIL OF CIVILIAN INTELLIGENCE PERSONNEL 
                   AMONG ELEMENTS OF THE INTELLIGENCE COMMUNITY 
                   AND THE DEPARTMENT OF DEFENSE.

       (a) Report Required.--The Director of Central Intelligence 
     shall, in consultation with the heads of the elements of the 
     intelligence community, submit to the appropriate committees 
     of Congress a report on means of improving the detail or 
     transfer of civilian intelligence personnel between and among 
     the various elements of the intelligence community for the 
     purpose of enhancing the flexibility and effectiveness of the 
     intelligence community in responding to changes in 
     requirements for the collection, analysis, and dissemination 
     of intelligence.
       (b) Report Elements.--The report under subsection (a) 
     shall--
       (1) set forth a variety of proposals on means of improving 
     the detail or transfer of civilian intelligence personnel as 
     described in that subsection;
       (2) identify the proposal or proposals determined by the 
     heads of the elements of the intelligence community to be 
     most likely to meet the purpose described in that subsection; 
     and
       (3) include such recommendations for such legislative or 
     administrative action as the heads of the elements of the 
     intelligence community consider appropriate to implement the 
     proposal or proposals identified under paragraph (2).
       (c) Submittal Date.--The report under subsection (a) shall 
     be submitted not later than February 15, 2004.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence and the Committees 
     on Armed Services and the Judiciary of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committees on Armed Services and the Judiciary of the House 
     of Representatives.
       (2) The term ``elements of the intelligence community'' 
     means the elements of the intelligence community set forth in 
     or designated under section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).
       (3) The term ``heads of the elements of the intelligence 
     community'' includes the Secretary of Defense with respect to 
     each element of the intelligence community within the 
     Department of Defense or the military departments.

     SEC. 334. REPORT ON MODIFICATIONS OF POLICY AND LAW ON 
                   CLASSIFIED INFORMATION TO FACILITATE SHARING OF 
                   INFORMATION FOR NATIONAL SECURITY PURPOSES.

       (a) Report.--Not later than four months after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a report that--
       (1) identifies impediments in current policy and 
     regulations to the sharing of classified information 
     horizontally across and among Federal departments and 
     agencies, and between Federal departments and agencies and 
     vertically to and from agencies of State and local 
     governments and the private sector, for national security 
     purposes, including homeland security;
       (2) proposes appropriate modifications of policy, law, and 
     regulations to eliminate such impediments in order to 
     facilitate such sharing of classified information for 
     homeland security purposes, including homeland security; and
       (3) outlines a plan of action (including appropriate 
     milestones and funding) to establish the Terrorist Threat 
     Integration Center as called for in the Information on the 
     State of the Union given by the President to Congress under 
     section 3 of Article II of the Constitution of the United 
     States in 2003.
       (b) Considerations.--In preparing the report under 
     subsection (a), the President shall--
       (1) consider the extent to which the reliance on a 
     document-based approach to the protection of classified 
     information impedes the sharing of classified information; 
     and
       (2) consider the extent to which the utilization of a 
     database-based approach, or other electronic approach, to the 
     protection of classified information might facilitate the 
     sharing of classified information.
       (c) Coordination With Other Information Sharing 
     Activities.--In preparing the report under subsection (a), 
     the President shall, to the maximum extent practicable, take 
     into account actions being undertaken under the Homeland 
     Security Information Sharing Act (subtitle I of title VIII of 
     Public Law 107-296; 116 Stat. 2252; 6 U.S.C. 481 et seq.).
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committees 
     on Armed Services and the Judiciary of the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Select Committee on Homeland Security, and the Committees on 
     Armed Services and the Judiciary of the House of 
     Representatives.

     SEC. 335. REPORT OF SECRETARY OF DEFENSE AND DIRECTOR OF 
                   CENTRAL INTELLIGENCE ON STRATEGIC PLANNING.

       (a) Report.--Not later than February 15, 2004, the 
     Secretary of Defense and the Director of Central Intelligence 
     shall jointly submit to the appropriate committees of 
     Congress a report that assesses progress in the following:
       (1) The development by the Department of Defense and the 
     intelligence community of a comprehensive and uniform 
     analytical capability to assess the utility and advisability 
     of various sensor and platform architectures and capabilities 
     for the collection of intelligence.
       (2) The improvement of coordination between the Department 
     and the intelligence community on strategic and budgetary 
     planning.
       (b) Form.--The report under subsection (a) may be submitted 
     in classified form.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.

     SEC. 336. REPORT ON UNITED STATES DEPENDENCE ON COMPUTER 
                   HARDWARE AND SOFTWARE MANUFACTURED OVERSEAS.

       (a) Report.--Not later than February 15, 2004, the Director 
     of Central Intelligence shall submit to the appropriate 
     committees of Congress a report on the extent of United 
     States dependence on computer hardware or software that is 
     manufactured overseas.
       (b) Elements.--The report under subsection (a) shall 
     address the following:
       (1) The extent to which the United States currently depends 
     on computer hardware or software that is manufactured 
     overseas.
       (2) The extent to which United States dependence on such 
     computer hardware or software is increasing.
       (3) The vulnerabilities of the national security and 
     economy of the United States as a result of United States 
     dependence on such computer hardware or software.
       (4) Any other matters relating to United States dependence 
     on such computer hardware or software that the Director 
     considers appropriate.
       (c) Consultation With Private Sector.--In preparing the 
     report under subsection (a), the Director may consult, and is 
     encouraged to consult, with appropriate persons and entities 
     in the computer hardware or software industry and with other 
     appropriate persons and entities in the private sector.
       (d) Form.--(1) The report under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (2) The report may be in the form of a National 
     Intelligence Estimate.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.

     SEC. 337. REPORT ON LESSONS LEARNED FROM MILITARY OPERATIONS 
                   IN IRAQ.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Director of Central Intelligence 
     shall submit to the appropriate committees of Congress a 
     report on the intelligence lessons learned as a result of 
     Operation Iraqi Freedom.
       (b) Recommendations.--The report under subsection (a) shall 
     include such recommendations on means of improving training, 
     equipment, operations, coordination, and collection of or for 
     intelligence as the Director considers appropriate.
       (c) Form.--The report under subsection (a) shall be 
     submitted in classified form.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.

     SEC. 338. REPORTS ON CONVENTIONAL WEAPONS AND AMMUNITION 
                   OBTAINED BY IRAQ IN VIOLATION OF CERTAIN UNITED 
                   NATIONS SECURITY COUNCIL RESOLUTIONS.

       (a) Preliminary Report.--Not later than 120 days after the 
     date of the cessation of hostilities in Iraq (as determined 
     by the President), the Director of the Defense Intelligence 
     Agency shall, after such consultation with the Secretary of 
     State and the Attorney General as the Director considers 
     appropriate, submit to the appropriate committees of Congress 
     a preliminary report on all information obtained by the 
     Department of Defense and the intelligence community on the 
     conventional weapons and ammunition obtained by Iraq in 
     violation of applicable resolutions of

[[Page S10863]]

     the United Nations Security Council adopted since the 
     invasion of Kuwait by Iraq in August 1990.
       (b) Final Report.--(1) Not later than 270 days after the 
     date of the cessation of hostilities in Iraq (as so 
     determined), the Director shall submit to the appropriate 
     committees of Congress a final report on the information 
     described in subsection (a).
       (2) The final report under paragraph (1) shall include such 
     updates of the preliminary report under subsection (a) as the 
     Director considers appropriate.
       (c) Elements.--Each report under this section shall set 
     forth, to the extent practicable, with respect to each 
     shipment of weapons or ammunition addressed in such report 
     the following:
       (1) The country of origin.
       (2) Any country of transshipment.
       (d) Form.--Each report under this section shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committees 
     on Armed Services and Foreign Relations of the Senate; and
       (2) the Permanent Select Committee on Intelligence and the 
     Committees on Armed Services and International Relations of 
     the House of Representatives.

     SEC. 339. REPEAL OF CERTAIN REPORT REQUIREMENTS RELATING TO 
                   INTELLIGENCE ACTIVITIES.

       (a) Annual Evaluation of Performance and Responsiveness of 
     Intelligence Community.--Section 105 of the National Security 
     Act of 1947 (50 U.S.C. 403-5) is amended by striking 
     subsection (d).
       (b) Periodic and Special Reports on Disclosure of 
     Intelligence Information to United Nations.--Section 112 of 
     the National Security Act of 1947 (50 U.S.C. 404g) is 
     amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively.
       (c) Annual Report on Intelligence Community Cooperation 
     With Counterdrug Activities.--Section 114 of the National 
     Security Act of 1947 (50 U.S.C. 404i) is amended--
       (1) by striking subsection (a); and
       (2) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively.
       (d) Annual Report on Covert Leases.--Section 114 of the 
     National Security Act of 1947, as amended by this section, is 
     further amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsection (e) as subsection (d).
       (e) Annual Report on Protection of Covert Agents.--Section 
     603 of the National Security Act of 1947 (50 U.S.C. 423) is 
     repealed.
       (f) Annual Report on Certain Foreign Companies Involved in 
     Proliferation of Weapons of Mass Destruction.--Section 827 of 
     the Intelligence Authorization Act for Fiscal Year 2003 
     (Public Law 107-306; 116 Stat. 2430; 50 U.S.C. 404n-3) is 
     repealed.
       (g) Annual Report on Intelligence Activities of People's 
     Republic of China.--Section 308 of the Intelligence 
     Authorization Act for Fiscal Year 1998 (Public Law 105-107; 
     111 Stat. 2253; 50 U.S.C. 402a note) is repealed.
       (h) Annual Report on Coordination of Counterintelligence 
     Matters With FBI.--Section 811(c) of the Counterintelligence 
     and Security Enhancements Act of 1994 (title VIII of Public 
     Law 103-359; 50 U.S.C. 402a(c)) is amended--
       (1) by striking paragraph (6); and
       (2) by redesignating paragraphs (7) and (8) as paragraphs 
     (6) and (7), respectively.
       (i) Report on Postemployment Assistance for Terminated 
     Intelligence Employees.--Section 1611 of title 10, United 
     States Code, is amended by striking subsection (e).
       (j) Annual Report on Activities of FBI Personnel Outside 
     the United States.--Section 540C of title 18, United States 
     Code, is repealed.
       (k) Annual Report on Exceptions to Consumer Disclosure 
     Requirements for National Security Investigations.--Section 
     604(b)(4) of the Fair Credit Reporting Act (15 U.S.C. 
     1681b(b)(4)) is amended--
       (1) by striking subparagraphs (D) and (E); and
       (2) by redesignating subparagraph (F) as subparagraph (D).
       (l) Conforming Amendments.--Section 507 of the National 
     Security Act of 1947 (50 U.S.C. 415b) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking subparagraphs (A), (C), (D), (G), (I), (J), 
     and (L); and
       (ii) by redesignating subparagraphs (B), (E), (F), (H), 
     (K), (M), and (N) as subparagraphs (A), (B), (C), (D), (E), 
     (F), and (G), respectively; and
       (iii) in subparagraph (G), as so redesignated, by striking 
     ``section 114(c)'' and inserting ``section 114(b)''.
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``section 114(b)'' and 
     inserting ``section 114(a)'';
       (ii) in subparagraph (B), by striking ``section 114(d)'' 
     and inserting ``section 114(c)'';
       (iii) by striking subparagraphs (C), (E), and (F); and
       (iv) by redesignating subparagraphs (D) and (G) as 
     subparagraphs (C) and (D), respectively; and
       (2) in subsection (b)--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2) through (8) as 
     paragraphs (1) through (7), respectively.
       (m) Clerical Amendments.--
       (1) National security act of 1947.--The table of contents 
     for the National Security Act of 1947 is amended by striking 
     the item relating to section 603.
       (2) Title 18, united states code.--The table of sections at 
     the beginning of chapter 33 of title 18, United States Code, 
     is amended by striking the item relating to section 540C.
       (n) Effective Date.--The amendments made by this section 
     shall take effect on December 31, 2003.

     SEC. 340. REPORT ON OPERATIONS OF DIRECTORATE OF INFORMATION 
                   ANALYSIS AND INFRASTRUCTURE PROTECTION AND 
                   TERRORIST THREAT INTEGRATION CENTER.

       (a) Report Required.--The Secretary of Homeland Security 
     shall submit to the appropriate committees of Congress a 
     report on the operations of the Directorate of Information 
     Analysis and Infrastructure Protection of the Department of 
     Homeland Security and the Terrorist Threat Integration 
     Center. The report shall include the following:
       (1) An assessment of the operations of the Directorate, 
     including the capability of the Directorate--
       (A) to meet personnel requirements, including requirements 
     to employ qualified analysts, and the status of efforts to 
     employ qualified analysts;
       (B) to share intelligence information with the other 
     elements of the intelligence community, including the sharing 
     of intelligence information through secure information 
     technology connections between the Directorate and the other 
     elements of the intelligence community;
       (C) to disseminate intelligence information, or analyses of 
     intelligence information, to other departments and agencies 
     of the Federal Government and, as appropriate, to State and 
     local governments;
       (D) to coordinate with State and local counterterrorism and 
     law enforcement officials;
       (E) to access information, including intelligence and law 
     enforcement information, from the departments and agencies of 
     the Federal Government, including the ability to access, in a 
     timely and efficient manner, all information authorized by 
     section 202 of the Homeland Security Act of 2002 (Public Law 
     107-296; 6 U.S.C. 122); and
       (F) to fulfill, given the current assets and capabilities 
     of the Directorate, the responsibilities set forth in section 
     201 of the Homeland Security Act of 2002 (6 U.S.C. 121);
       (2) A delineation of the responsibilities and duties of the 
     Directorate and of the responsibilities and duties of the 
     Center.
       (3) A delineation and summary of the areas in which the 
     responsibilities and duties of the Directorate and the Center 
     overlap.
       (4) An assessment of whether the areas of overlap, if any, 
     delineated under paragraph (3) represent an inefficient 
     utilization of the limited resources of the Directorate and 
     the intelligence community.
       (5) Such information as the Secretary, in coordination with 
     the Director of Central Intelligence and the Director of the 
     Federal Bureau of Investigation, considers appropriate to 
     explain the basis for the establishment and operation of the 
     Center as a ``joint venture'' of participating agencies 
     rather than as an element of the Directorate reporting 
     directly to the Secretary through the Under Secretary of 
     Homeland Security for Information Analysis and Infrastructure 
     Protection.
       (b) Submittal Date.--The report required by this section 
     shall be submitted not later than May 1, 2004.
       (c) Form.--The report required by this section shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence and the Committees 
     on Governmental Affairs, the Judiciary, and Appropriations of 
     the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Select Committee on Homeland Security, and the Committees on 
     the Judiciary and Appropriations of the House of 
     Representatives.

                       Subtitle E--Other Matters

     SEC. 351. EXTENSION OF SUSPENSION OF REORGANIZATION OF 
                   DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM 
                   OFFICE.

       Section 311 of the Intelligence Authorization Act for 
     Fiscal Year 2002 (Public Law 107-108; 22 U.S.C. 7301 note) is 
     amended--
       (1) in the heading, by striking ``TWO-YEAR'' before 
     ``SUSPENSION OF REORGANIZATION''; and
       (2) in the text, by striking ``ending on October 1, 2003'' 
     and inserting ``ending on the date that is 60 days after the 
     appropriate congressional committees of jurisdiction (as 
     defined in section 324(d) of that Act (22 U.S.C. 7304(d)) are 
     notified jointly by the Secretary of State (or the 
     Secretary's designee) and the Director of the Office of 
     Management and Budget (or the Director's designee) that the 
     operational framework for the office has been terminated''.

     SEC. 352. MODIFICATIONS OF AUTHORITIES ON EXPLOSIVE 
                   MATERIALS.

       (a) Clarification of Aliens Authorized To Distribute 
     Explosive Materials.--Section 842(d)(7) of title 18, United 
     States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B)--
       (A) by inserting ``or'' at the end of clause (i); and
       (B) by striking clauses (iii) and (iv); and
       (3) by adding the following new subparagraphs:
       ``(C) is a member of a North Atlantic Treaty Organization 
     (NATO) or other friendly foreign military force, as 
     determined by the Attorney

[[Page S10864]]

     General in consultation with the Secretary of Defense, who is 
     present in the United States under military orders for 
     training or other military purpose authorized by the United 
     States and the shipping, transporting, possession, or receipt 
     of explosive materials is in furtherance of the authorized 
     military purpose; or
       ``(D) is lawfully present in the United States in 
     cooperation with the Director of Central Intelligence, and 
     the shipment, transportation, receipt, or possession of the 
     explosive materials is in furtherance of such cooperation;''.
       (b) Clarification of Aliens Authorized To Possess or 
     Receive Explosive Materials.--Section 842(i)(5) of title 18, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B)--
       (A) by inserting ``or'' at the end of clause (i); and
       (B) by striking clauses (iii) and (iv); and
       (3) by adding the following new subparagraphs:
       ``(C) is a member of a North Atlantic Treaty Organization 
     (NATO) or other friendly foreign military force, as 
     determined by the Attorney General in consultation with the 
     Secretary of Defense, who is present in the United States 
     under military orders for training or other military purpose 
     authorized by the United States and the shipping, 
     transporting, possession, or receipt of explosive materials 
     is in furtherance of the authorized military purpose; or
       ``(D) is lawfully present in the United States in 
     cooperation with the Director of Central Intelligence, and 
     the shipment, transportation, receipt, or possession of the 
     explosive materials is in furtherance of such cooperation;''.

     SEC. 353. MODIFICATION OF PROHIBITION ON THE NATURALIZATION 
                   OF CERTAIN PERSONS.

       Section 313(e)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1424(e)(4)) is amended--
       (1) by inserting ``when Department of Defense activities 
     are relevant to the determination'' after ``Secretary of 
     Defense''; and
       (2) by inserting ``and the Secretary of Homeland Security'' 
     after ``Attorney General''.

     SEC. 354. MODIFICATION TO DEFINITION OF FINANCIAL INSTITUTION 
                   IN THE RIGHT TO FINANCIAL PRIVACY ACT.

       The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 
     et seq.) is amended--
       (1) in section 1101(1) (12 U.S.C. 3401(1)), by inserting 
     ``, except as provided in section 1114,'' before ``means any 
     office''; and
       (2) in section 1114 (12 U.S.C. 3414), by adding at the end 
     the following:
       ``(c) For purposes of this section, the term `financial 
     institution' has the same meaning as in section 5312(a)(2) of 
     title 31, United States Code, except that, for purposes of 
     this section, such term shall include only such a financial 
     institution any part of which is located inside any State or 
     territory of the United States, the District of Columbia, 
     Puerto Rico, Guam, American Samoa, or the United States 
     Virgin Islands.''.

     SEC. 355. COORDINATION OF FEDERAL GOVERNMENT RESEARCH ON 
                   SECURITY EVALUATIONS.

       (a) Workshops for Coordination of Research.--The National 
     Science Foundation and the Office of Science and Technology 
     Policy shall jointly sponsor not less than two workshops on 
     the coordination of Federal Government research on the use of 
     behavioral, psychological, and physiological assessments of 
     individuals in the conduct of security evaluations.
       (b) Deadline for Completion of Activities.--The activities 
     of the workshops sponsored under subsection (a) shall be 
     completed not later than March 1, 2004.
       (c) Purposes.--The purposes of the workshops sponsored 
     under subsection (a) are as follows:
       (1) To provide a forum for cataloging and coordinating 
     federally-funded research activities relating to the 
     development of new techniques in the behavioral, 
     psychological, or physiological assessment of individuals to 
     be used in security evaluations.
       (2) To develop a research agenda for the Federal Government 
     on behavioral, psychological, and physiological assessments 
     of individuals, including an identification of the research 
     most likely to advance the understanding of the use of such 
     assessments of individuals in security evaluations.
       (3) To distinguish between short-term and long-term areas 
     of research on behavioral, psychological, and physiological 
     assessments of individuals in order maximize the utility of 
     short-term and long-term research on such assessments.
       (4) To identify the Federal agencies best suited to support 
     research on behavioral, psychological, and physiological 
     assessments of individuals.
       (5) To develop recommendations for coordinating future 
     federally-funded research for the development, improvement, 
     or enhancement of security evaluations.
       (d) Advisory Group.--(1) In order to assist the National 
     Science Foundation and the Office of Science and Technology 
     Policy in carrying out the activities of the workshops 
     sponsored under subsection (a), there is hereby established 
     an interagency advisory group with respect to such workshops.
       (2) The advisory group shall be composed of the following:
       (A) A representative of the Social, Behavioral, and 
     Economic Directorate of the National Science Foundation.
       (B) A representative of the Office of Science, and 
     Technology Policy.
       (C) The Secretary of Defense, or a designee of the 
     Secretary.
       (D) The Secretary of State, or a designee of the Secretary.
       (E) The Attorney General, or a designee of the Attorney 
     General.
       (F) The Secretary of Energy, or a designee of the 
     Secretary.
       (G) The Secretary of Homeland Security, or a designee of 
     the Secretary.
       (H) The Director of Central Intelligence, or a designee of 
     the Director.
       (I) The Director of the Federal Bureau of Investigation, or 
     a designee of the Director.
       (J) The National Counterintelligence Executive, or a 
     designee of the National Counterintelligence Executive.
       (K) Any other official assigned to the advisory group by 
     the President for purposes of this section.
       (3) The members of the advisory group under subparagraphs 
     (A) and (B) of paragraph (2) shall jointly head the advisory 
     group.
       (4) The advisory group shall provide the Foundation and the 
     Office such information, advice, and assistance with respect 
     to the workshops sponsored under subsection (a) as the 
     advisory group considers appropriate.
       (5) The advisory group shall not be treated as an advisory 
     committee for purposes of the Federal Advisory Committee Act 
     (5 U.S.C. App.).
       (e) Report.--Not later than March 1, 2004, the National 
     Science Foundation and the Office of Science and Technology 
     Policy shall jointly submit Congress a report on the results 
     of activities of the workshops sponsored under subsection 
     (a), including the findings and recommendations of the 
     Foundation and the Office as a result of such activities.
       (f) Funding.--(1) Of the amount authorized to be 
     appropriated for the Intelligence Community Management 
     Account by section 104(a), $500,000 shall be available to the 
     National Science Foundation and the Office of Science and 
     Technology Policy to carry out this section.
       (2) The amount authorized to be appropriated by paragraph 
     (1) shall remain available until expended.

     SEC. 356. TECHNICAL AMENDMENTS.

       (a) National Security Act of 1947.--Subsection (c)(1) of 
     section 112 of the National Security Act of 1947, as 
     redesignated by section 339(b) of this Act, is further 
     amended by striking ``section 103(c)(6)'' and inserting 
     ``section 103(c)(7)''.
       (b) Central Intelligence Agency Act of  1949.--(1) Section 
     5(a)(1) of the Central Intelligence Agency Act of 1949 (50 
     U.S.C. 403f(a)(1)) is amended by striking ``(c)(6)'' each 
     place it appears and inserting ``(c)(7)''.
       (2) Section 6 of that Act (50 U.S.C. 403g) is amended by 
     striking ``section 103(c)(6) of the National Security Act of 
     1947 (50 U.S.C. 403-3(c)(6))'' and inserting ``section 
     103(c)(7) of the National Security Act of 1947 (50 U.S.C. 
     403-3(c)(7))''.
       (2) Section 15 of that Act (50 U.S.C. 403o) is amended--
       (A) in subsection (a)(1), by striking ``special policemen 
     of the General Services Administration perform under the 
     first section of the Act entitled `An Act to authorize the 
     Federal Works Administrator or officials of the Federal Works 
     Agency duly authorized by him to appoint special policeman 
     for duty upon Federal property under the jurisdiction of the 
     Federal Works Agency, and for other purposes' (40 U.S.C. 
     318),'' and inserting ``officers and agents of the Department 
     of Homeland Security, as provided in section 1315(b)(2) of 
     title 40, United States Code,''; and
       (B) in subsection (b), by striking ``the fourth section of 
     the Act referred to in subsection (a) of this section (40 
     U.S.C. 318c)'' and inserting ``section 1315(c)(2) of title 
     40, United States Code''.
       (c) National Security Agency Act of  1959.--Section 11 of 
     the National Security Agency Act of 1959 (50 U.S.C. 402 note) 
     is amended--
       (1) in subsection (a)(1), by striking ``special policemen 
     of the General Services Administration perform under the 
     first section of the Act entitled `An Act to authorize the 
     Federal Works Administrator or officials of the Federal Works 
     Agency duly authorized by him to appoint special policeman 
     for duty upon Federal property under the jurisdiction of the 
     Federal Works Agency, and for other purposes' (40 U.S.C. 
     318)'' and inserting ``officers and agents of the Department 
     of Homeland Security, as provided in section 1315(b)(2) of 
     title 40, United States Code,''; and
       (2) in subsection (b), by striking ``the fourth section of 
     the Act referred to in subsection (a) (40 U.S.C. 318c)'' and 
     inserting ``section 1315(c)(2) of title 40, United States 
     Code''.
       (d) Intelligence Authorization Act for Fiscal Year 2003.--
     Section 343 of the Intelligence Authorization Act for Fiscal 
     Year 2003 (Public Law 107-306; 116 Stat. 2399; 50 U.S.C. 
     404n-2) is amended--
       (1) in subsection (c), by striking ``section 103(c)(6) of 
     the National Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' 
     and inserting ``section 103(c)(7) of the National Security 
     Act of 1947 (50 U.S.C. 403-3(c)(7))''; and
       (2) in subsection (e)(2), by striking ``section 103(c)(6)'' 
     and inserting ``section 103(c)(7)''.
       (e) Public Law 107-173.--Section 201(c)(3)(F) of the 
     Enhanced Border Security and Visa Entry Reform Act of 2002 
     (Public Law 107-173; 116 Stat. 548; 8 U.S.C. 1721(c)(3)(F)) 
     is amended by striking ``section 103(c)(6) of the National 
     Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and inserting 
     ``section 103(c)(7) of the National Security Act of 1947 (50 
     U.S.C. 403-3(c)(7))''.

     SEC. 357. TREATMENT OF CLASSIFIED INFORMATION IN MONEY 
                   LAUNDERING CASES.

       Section 5318A of title 31, United States Code, is amended 
     by adding at the end the following:
       ``(f) Classified Information.--In any judicial review of a 
     finding of the existence of a primary money laundering 
     concern, or of the requirement for 1 or more special measures 
     with respect to a primary money laundering concern, made 
     under this section, if the designation or imposition, or 
     both, were based on classified information (as defined in 
     section 1(a) of the Classified Information Procedures Act (18 
     U.S.C.

[[Page S10865]]

     App.), such information may be submitted by the Secretary to 
     the reviewing court ex parte and in camera. This subsection 
     does not confer or imply any right to judicial review of any 
     finding made or required under this section.''.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

     SEC. 401. AMENDMENT TO CERTAIN CENTRAL INTELLIGENCE AGENCY 
                   ACT OF 1949 NOTIFICATION REQUIREMENTS.

       Section 4(b)(5) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403e(b)(5)) is amended inserting ``, other 
     than regulations under paragraph (1),'' after 
     ``Regulations''.

     SEC. 402. PROTECTION OF CERTAIN CENTRAL INTELLIGENCE AGENCY 
                   PERSONNEL FROM TORT LIABILITY.

       Section 15 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403o) is amended by adding at the end the 
     following new subsection:
       ``(d)(1) Notwithstanding any other provision of law, any 
     Agency personnel designated by the Director under subsection 
     (a), or designated by the Director under section 5(a)(4) to 
     carry firearms for the protection of current or former Agency 
     personnel and their immediate families, defectors and their 
     immediate families, and other persons in the United States 
     under Agency auspices, shall be considered for purposes of 
     chapter 171 of title 28, United States Code, or any other 
     provision of law relating to tort liability, to be acting 
     within the scope of their office or employment when such 
     Agency personnel take reasonable action, which may include 
     the use of force, to--
       ``(A) protect an individual in the presence of such Agency 
     personnel from a crime of violence;
       ``(B) provide immediate assistance to an individual who has 
     suffered or who is threatened with bodily harm; or
       ``(C) prevent the escape of any individual whom such Agency 
     personnel reasonably believe to have committed a crime of 
     violence in the presence of such Agency personnel.
       ``(2) Paragraph (1) shall not affect the authorities of the 
     Attorney General under section 2679(d)(1) of title 28, United 
     States Code.
       ``(3) In this subsection, the term `crime of violence' has 
     the meaning given that term in section 16 of title 18, United 
     States Code.''.

     SEC. 403. REPEAL OF OBSOLETE LIMITATION ON USE OF FUNDS IN 
                   CENTRAL SERVICES WORKING CAPITAL FUND.

       Section 21(f)(2) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403u(f)(2)) is amended--
       (1) in subparagraph (A), by striking ``(A) Subject to 
     subparagraph (B), the Director'' and inserting ``The 
     Director''; and
       (2) by striking subparagraph (B).

     SEC. 404. TECHNICAL AMENDMENT TO FEDERAL INFORMATION SECURITY 
                   MANAGEMENT ACT OF 2002.

       Section 3535(b)(1) of title 44, United States Code, as 
     added by section 1001(b)(1) of the Homeland Security Act of 
     2002 (Public Law 107-296), and section 3545(b)(1) of title 
     44, United States Code, as added by section 301(b)(1) of the 
     E-Government Act of 2002 (Public Law 107-347), are each 
     amended by inserting ``or any other law'' after ``1978''.

     SEC. 405. CONTRIBUTION BY CENTRAL INTELLIGENCE AGENCY 
                   EMPLOYEES OF CERTAIN BONUS PAY TO THRIFT 
                   SAVINGS PLAN ACCOUNTS.

       (a) CSRS Participants.--Section 8351(d) of title 5, United 
     States Code, is amended--
       (1) by inserting ``(1)'' after ``(d)''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) An employee of the Central Intelligence Agency 
     making contributions to the Thrift Savings Fund out of basic 
     pay may also contribute (by direct transfer to the Fund) any 
     part of bonus pay received by the employee as part of the 
     pilot project required by section 402(b) of the Intelligence 
     Authorization Act for Fiscal Year 2003 (Public Law 107-306; 
     116 Stat. 2403; 50 U.S.C. 403-4 note).
       ``(B) Contributions under this paragraph are subject to 
     section 8432(d) of this title.''.
       (b) FERS Participants.--Section 8432 of title 5, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(k)(1) An employee of the Central Intelligence Agency 
     making contributions to the Thrift Savings Fund out of basic 
     pay may also contribute (by direct transfer to the Fund) any 
     part of bonus pay received by the employee as part of the 
     pilot project required by section 402(b) of the Intelligence 
     Authorization Act for Fiscal Year 2003 (Public Law 107-306; 
     116 Stat. 2403; 50 U.S.C. 403-4 note).
       ``(2) Contributions under this subsection are subject to 
     subsection (d).
       ``(3) For purposes of subsection (c), basic pay of an 
     employee of the Central Intelligence Agency shall include 
     bonus pay received by the employee as part of the pilot 
     project referred to in paragraph (1).''.

          TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

     SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL 
                   SECURITY AGENCY.

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


          ``operational files of the national security agency

       ``Sec. 705. (a) Exemption of Certain Operational Files From 
     Search, Review, Publication, or Disclosure.--(1) Operational 
     files of the National Security Agency (hereafter in this 
     section referred to as `NSA') may be exempted by the Director 
     of NSA, in coordination with the Director of Central 
     Intelligence, from the provisions of section 552 of title 5, 
     United States Code, which require publication, disclosure, 
     search, or review in connection therewith.
       ``(2)(A) In this section, the term `operational files' 
     means--
       ``(i) files of the Signals Intelligence Directorate, and 
     its successor organizations, which document the means by 
     which foreign intelligence or counterintelligence is 
     collected through technical systems; and
       ``(ii) files of the Research Associate Directorate, and its 
     successor organizations, which document the means by which 
     foreign intelligence or counterintelligence is collected 
     through scientific and technical systems.
       ``(B) Files which are the sole repository of disseminated 
     intelligence, and files that have been accessioned into NSA 
     Archives, or its successor organizations, are not operational 
     files.
       ``(3) Notwithstanding paragraph (1), exempted operational 
     files shall continue to be subject to search and review for 
     information concerning--
       ``(A) United States citizens or aliens lawfully admitted 
     for permanent residence who have requested information on 
     themselves pursuant to the provisions of section 552 or 552a 
     of title 5, United States Code;
       ``(B) any special activity the existence of which is not 
     exempt from disclosure under the provisions of section 552 of 
     title 5, United States Code; or
       ``(C) the specific subject matter of an investigation by 
     any of the following for any impropriety, or violation of 
     law, Executive order, or Presidential directive, in the 
     conduct of an intelligence activity:
       ``(i) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(ii) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       ``(iii) The Intelligence Oversight Board.
       ``(iv) The Department of Justice.
       ``(v) The Office of General Counsel of NSA.
       ``(vi) The Office of the Inspector General of the 
     Department of Defense.
       ``(vii) The Office of the Director of NSA.
       ``(4)(A) Files that are not exempted under paragraph (1) 
     which contain information derived or disseminated from 
     exempted operational files shall be subject to search and 
     review.
       ``(B) The inclusion of information from exempted 
     operational files in files that are not exempted under 
     paragraph (1) shall not affect the exemption under paragraph 
     (1) of the originating operational files from search, review, 
     publication, or disclosure.
       ``(C) The declassification of some of the information 
     contained in exempted operational files shall not affect the 
     status of the operational file as being exempt from search, 
     review, publication, or disclosure.
       ``(D) Records from exempted operational files which have 
     been disseminated to and referenced in files that are not 
     exempted under paragraph (1), and which have been returned to 
     exempted operational files for sole retention shall be 
     subject to search and review.
       ``(5) The provisions of paragraph (1) may not be superseded 
     except by a provision of law which is enacted after the date 
     of the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2004, and which specifically cites and repeals or 
     modifies such provisions.
       ``(6)(A) Except as provided in subparagraph (B), whenever 
     any person who has requested agency records under section 552 
     of title 5, United States Code, alleges that NSA has withheld 
     records improperly because of failure to comply with any 
     provision of this section, judicial review shall be available 
     under the terms set forth in section 552(a)(4)(B) of title 5, 
     United States Code.
       ``(B) Judicial review shall not be available in the manner 
     provided for under subparagraph (A) as follows:
       ``(i) In any case in which information specifically 
     authorized under criteria established by an Executive order 
     to be kept secret in the interests of national defense or 
     foreign relations is filed with, or produced for, the court 
     by NSA, such information shall be examined ex parte, in 
     camera by the court.
       ``(ii) The court shall determine, to the fullest extent 
     practicable, the issues of fact based on sworn written 
     submissions of the parties.
       ``(iii) When a complainant alleges that requested records 
     are improperly withheld because of improper placement solely 
     in exempted operational files, the complainant shall support 
     such allegation with a sworn written submission based upon 
     personal knowledge or otherwise admissible evidence.
       ``(iv)(I) When a complainant alleges that requested records 
     were improperly withheld because of improper exemption of 
     operational files, NSA shall meet its burden under section 
     552(a)(4)(B) of title 5, United States Code, by demonstrating 
     to the court by sworn written submission that exempted 
     operational files likely to contain responsible records 
     currently perform the functions set forth in paragraph (2).
       ``(II) The court may not order NSA to review the content of 
     any exempted operational file or files in order to make the 
     demonstration required under subclause (I), unless the 
     complainant disputes NSA's showing with a sworn written 
     submission based on personal knowledge or otherwise 
     admissible evidence.
       ``(v) In proceedings under clauses (iii) and (iv), the 
     parties may not obtain discovery pursuant to rules 26 through 
     36 of the Federal Rules of Civil Procedure, except that 
     requests for admissions may be made pursuant to rules 26 and 
     36.
       ``(vi) If the court finds under this paragraph that NSA has 
     improperly withheld requested

[[Page S10866]]

     records because of failure to comply with any provision of 
     this subsection, the court shall order NSA to search and 
     review the appropriate exempted operational file or files for 
     the requested records and make such records, or portions 
     thereof, available in accordance with the provisions of 
     section 552 of title 5, United States Code, and such order 
     shall be the exclusive remedy for failure to comply with this 
     subsection.
       ``(vii) If at any time following the filing of a complaint 
     pursuant to this paragraph NSA agrees to search the 
     appropriate exempted operational file or files for the 
     requested records, the court shall dismiss the claim based 
     upon such complaint.
       ``(viii) Any information filed with, or produced for the 
     court pursuant to clauses (i) and (iv) shall be coordinated 
     with the Director of Central Intelligence before submission 
     to the court.
       ``(b) Decennial Review of Exempted Operational Files.--(1) 
     Not less than once every 10 years, the Director of the 
     National Security Agency and the Director of Central 
     Intelligence shall review the exemptions in force under 
     subsection (a)(1) to determine whether such exemptions may be 
     removed from a category of exempted files or any portion 
     thereof. The Director of Central Intelligence must approve 
     any determination to remove such exemptions.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of a particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that NSA has improperly 
     withheld records because of failure to comply with this 
     subsection may seek judicial review in the district court of 
     the United States of the district in which any of the parties 
     reside, or in the District of Columbia. In such a proceeding, 
     the court's review shall be limited to determining the 
     following:
       ``(A) Whether NSA has conducted the review required by 
     paragraph (1) before the expiration of the 10-year period 
     beginning on the date of the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2004 or before the 
     expiration of the 10-year period beginning on the date of the 
     most recent review.
       ``(B) Whether NSA, in fact, considered the criteria set 
     forth in paragraph (2) in conducting the required review.''.
       (c) Conforming Amendments.--(1) Section 701(b) of the 
     National Security Act of 1947 (50 U.S.C. 431(b)) is amended 
     by striking ``For purposes of this title'' and inserting ``In 
     this section and section 702,''.
       (2) Section 702(c) of such Act (50 U.S.C. 432(c)) is 
     amended by striking ``enactment of this title'' and inserting 
     ``October 15, 1984,''.
       (3)(A) The title heading for title VII of such Act is 
     amended to read as follows:

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

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


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

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


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

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

              ``Title VII--Protection of Operational Files

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

     SEC. 502. PROTECTION OF CERTAIN NATIONAL SECURITY AGENCY 
                   PERSONNEL FROM TORT LIABILITY.

       Section 11 of the National Security Agency Act of 1959 (50 
     U.S.C. 402 note) is amended by adding at the end the 
     following new subsection:
       ``(d)(1) Notwithstanding any other provision of law, agency 
     personnel designated by the Director of the National Security 
     Agency under subsection (a) shall be considered for purposes 
     of chapter 171 of title 28, United States Code, or any other 
     provision of law relating to tort liability, to be acting 
     within the scope of their office or employment when such 
     agency personnel take reasonable action, which may include 
     the use of force, to--
       ``(A) protect an individual in the presence of such agency 
     personnel from a crime of violence;
       ``(B) provide immediate assistance to an individual who has 
     suffered or who is threatened with bodily harm; or
       ``(C) prevent the escape of any individual whom such agency 
     personnel reasonably believe to have committed a crime of 
     violence in the presence of such agency personnel.
       ``(2) Paragraph (1) shall not affect the authorities of the 
     Attorney General under section 2679(d)(1) of title 28, United 
     States Code.
       ``(3) In this subsection, the term `crime of violence' has 
     the meaning given that term in section 16 of title 18, United 
     States Code.''.

     SEC. 503. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM 
                   ACTIVITIES FOR COLOMBIA.

       (a) Authority.--Funds designated for intelligence or 
     intelligence-related purposes for assistance to the 
     Government of Colombia for counterdrug activities for fiscal 
     year 2004 or 2005, and any unobligated funds available to any 
     element of the intelligence community for such activities for 
     a prior fiscal year, shall be available--
       (1) to support a unified campaign against narcotics 
     trafficking and against activities by organizations 
     designated as terrorist organizations (such as the 
     Revolutionary Armed Forces of Colombia (FARC), the National 
     Liberation Army (ELN), and the United Self-Defense Forces of 
     Colombia (AUC)); and
       (2) to take actions to protect human health and welfare in 
     emergency circumstances, including undertaking rescue 
     operations.
       (b) Termination of Authority.--The authority provided in 
     subsection (a) shall cease to be effective if the Secretary 
     of Defense has credible evidence that the Colombian Armed 
     Forces are not conducting vigorous operations to restore 
     government authority and respect for human rights in areas 
     under the effective control of paramilitary and guerrilla 
     organizations.
       (c) Application of Certain Provisions of Law.--Sections 
     556, 567, and 568 of Public Law 107-115, section 8093 of the 
     Department of Defense Appropriations Act, 2002, and the 
     numerical limitations on the number of United States military 
     personnel and United States individual civilian contractors 
     in section 3204(b)(1) of Public Law 106-246 shall be 
     applicable to funds made available pursuant to the authority 
     contained in subsection (a).
       (d) Limitation on Participation of United States 
     Personnel.--No United States Armed Forces personnel or United 
     States civilian contractor employed by the United States will 
     participate in any combat operation in connection with 
     assistance made available under this section, except for the 
     purpose of acting in self defense or rescuing any United 
     States citizen to include United States Armed Forces 
     personnel, United States civilian employees, and civilian 
     contractors employed by the United States.

     SEC. 504. SCENE VISUALIZATION TECHNOLOGIES.

       Of the amount authorized to be appropriated by this Act, 
     $2,500,000 shall be available for the National Imagery and 
     Mapping Agency (NIMA) for scene visualization technologies.

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