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Public Law 108-177
108th Congress
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. <<NOTE: Dec.
13, 2003 - [H.R. 2417]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Intelligence
Authorization Act for Fiscal Year 2004.>>
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. Office of Intelligence and Analysis of the Department of the
Treasury.
Sec. 106. Incorporation of reporting requirements.
Sec. 107. 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. Authority of Federal Bureau of Investigation to award personal
services contracts.
Sec. 312. Budget treatment of costs of acquisition of major systems by
the intelligence community.
Sec. 313. Modification of sunset of application of sanctions laws to
intelligence
activities.
Sec. 314. Modification of notice and wait requirements on projects to
construct or improve intelligence community facilities.
Sec. 315. Extension of deadline for final report of the National
Commission for the Review of the Research and Development
Programs of the United States Intelligence Community.
Sec. 316. Improvement of information sharing among Federal, State, and
local
government officials.
Sec. 317. Pilot program on analysis of signals and other intelligence by
intelligence analysts of various elements of the intelligence
community.
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Sec. 318. Pilot program on recruitment and training of intelligence
analysts.
Sec. 319. Improvement of equality of employment opportunities in the
intelligence community.
Sec. 320. Sense of Congress on recruitment as intelligence community
personnel of members of the Armed Forces on their discharge
or release from duty.
Sec. 321. External Collection Capabilities and Requirements Review
Panel.
Subtitle C--Counterintelligence
Sec. 341. Counterintelligence initiatives for the intelligence
community.
Subtitle D--Reports
Sec. 351. Report on cleared insider threat to classified computer
networks.
Sec. 352. Report on security background investigations and security
clearance procedures of the Federal Government.
Sec. 353. Report on detail of civilian intelligence personnel among
elements of the intelligence community and the Department of
Defense.
Sec. 354. Report on modifications of policy and law on classified
information to facilitate sharing of information for national
security purposes.
Sec. 355. Report on strategic planning.
Sec. 356. Report on United States dependence on computer hardware and
software manufactured overseas.
Sec. 357. Report on lessons learned from military operations in Iraq.
Sec. 358. Reports on conventional weapons and ammunition obtained by
Iraq in violation of certain United Nations Security Council
resolutions.
Sec. 359. Report on operations of Directorate of Information Analysis
and Infrastructure Protection and Terrorist Threat
Integration Center.
Sec. 360. Report on Terrorist Screening Center.
Sec. 361. Repeal and modification of report requirements relating to
intelligence activities.
Subtitle E--Other Matters
Sec. 371. Extension of suspension of reorganization of Diplomatic
Telecommunications Service Program Office.
Sec. 372. Modifications of authorities on explosive materials.
Sec. 373. Modification of prohibition on the naturalization of certain
persons.
Sec. 374. Modification to definition of financial institution in Right
to Financial Privacy Act.
Sec. 375. Coordination of Federal Government research on security
evaluations.
Sec. 376. Treatment of classified information in money laundering cases.
Sec. 377. 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. Purchases by Central Intelligence Agency of products of
Federal Prison Industries.
Sec. 405. Postponement of Central Intelligence Agency compensation
reform and other matters.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. Protection of certain National Security Agency personnel from
tort liability.
Sec. 502. Use of funds for counterdrug and counterterrorism activities
for Colombia.
Sec. 503. Scene visualization technologies.
Sec. 504. Measurement and signatures intelligence research program.
Sec. 505. Availability of funds of National Security Agency for national
security scholarships.
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
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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 Department of Justice.
(10) The Federal Bureau of Investigation.
(11) The National Reconnaissance Office.
(12) The National Geospatial-Intelligence Agency.
(13) The Coast Guard.
(14) 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
H.R. 2417 of the One Hundred Eighth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. <<NOTE: 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
$221,513,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section
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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.-- <<NOTE: 21 USC 873 note.>>
(1) In general.--Of the amount authorized to be appropriated
in subsection (a), $47,142,000 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.
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SEC. 105. OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF THE
TREASURY.
(a) Establishment of Office.--(1) Chapter 3 of subtitle I of title
31, United States Code, is amended--
(A) by redesignating section 311 as section 312; and
(B) by inserting after section 310 the following:
``Sec. 311. Office of Intelligence and Analysis
``(a) Establishment.--There is established within the Department of
the Treasury, the Office of Intelligence and Analysis (in this section
referred to as the `Office'), which shall--
``(1) be responsible for the receipt, analysis, collation,
and dissemination of foreign intelligence and foreign
counterintelligence information (within the meaning of section 3
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