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a subsidiary where the only enterprise of the subsidiary is to provide air carriage of officials, employees, guests, and property of the company, or its affiliate, when the carriage

(1) originates or terminates in the State of Alaska;

(2) is by an aircraft with no more than 20 seats;

(3) is within the scope of, and incidental to, the business of the company or its affiliate; and

(4) no charge, assessment, or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane.

(b) LIMITATION ON STATUTORY CONSTRUCTION.-Nothing in this subsection shall be construed as prohibiting a company from making intermediate stops in providing air carriage under this section.

SEC. 828. REPORT ON WAIVERS OF PREFERENCE FOR BUYING GOODS
PRODUCED IN THE UNITED STATES.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the waiver contained in section 50101(b) of title 49, United States Code (relating to buying goods produced in the United States). The report shall, at a minimum, include

(1) a list of all waivers granted pursuant to that section during the 2-year period ending on the date of enactment of that section; and

(2) for each such waiver

(A) the specific authority under such section 50101(b) for granting the waiver; and

(B) the rationale for granting the waiver.

SEC. 829. NAVIGATION FEES.

(a) IN GENERAL.-Section 4(b) of the Rivers and Harbors Appropriation Act of July 5, 1884 (33 U.S.C. 5(b); 116 Stat. 2133), is amended

(1) by striking "or" at the end of paragraph (1);

(2) by striking the period at the end of paragraph (2) and inserting "; or"; and

(3) by adding at the end the following:

"(3) property taxes on vessels or watercraft, other than vessels or watercraft that are primarily engaged in foreign commerce if those taxes are permissible under the United States Constitution.".

Deadline.

(b) EFFECTIVE DATE.-The amendment made by subsection (a) 33 USC 5 note. is effective on and after November 25, 2002.

TITLE IX-EXTENSION OF AIRPORT AND

AIRWAY TRUST FUND EXPENDITURE
AUTHORITY

SEC. 901. EXTENSION OF EXPENDITURE AUTHORITY.

(a) IN GENERAL.-Paragraph (1) of section 9502(d) of the

Internal Revenue Code of 1986 (relating to expenditures from Air- 26 USC 9502. port and Airway Trust Fund) is amended

(1) by striking "October 1, 2003" and inserting "October 1, 2007", and

26 USC 4261.

26 USC 4261 note.

(2) by inserting before the semicolon at the end of subparagraph (A) the following: "or the Vision 100-Century of Aviation Reauthorization Act".

(b) CONFORMING AMENDMENT.-Paragraph (2) of section 9502(f) of the Internal Revenue Code of 1986 is amended by striking "October 1, 2003" and inserting "October 1, 2007".

SEC. 902. TECHNICAL CORRECTION TO FLIGHT SEGMENT.

(a) SPECIAL RULE.-Section 4261(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

"(D) SPECIAL RULE FOR AMOUNTS PAID FOR DOMESTIC SEGMENTS BEGINNING AFTER 2002.-If an amount is paid during a calendar year for a domestic segment beginning in a later calendar year, then the rate of tax under subsection (b) on such amount shall be the rate in effect for the calendar year in which such amount is paid.". (b) EFFECTIVE DATE.-The amendment made by subsection (a) shall take effect as if included in the provisions of the Taxpayer Relief Act of 1997 to which they relate.

Approved December 12, 2003.

LEGISLATIVE HISTORY-H.R. 2115 (S. 824):

HOUSE REPORTS: Nos. 108-143 (Comm. on Transportation and Infrastructure)
and 108-240 and 108-334 (both from Comm. of Conference).
SENATE REPORTS: No. 108-41 accompanying S. 824 (Comm. on Commerce,
Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 149 (2003):

June 11, considered and passed House.

June 12, considered and passed Senate, amended, in lieu of S. 824.

Oct. 28, House recommitted conference report pursuant to H. Res. 337.

Oct. 30, House agreed to conference report.

Nov. 21, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 12, Presidential statement.

Public Law 108-177

108th Congress

An Act

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Intelligence Authorization Act for Fiscal Year 2004".

(b) TABLE OF CONTENTS.-The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I-INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Intelligence Community Management Account.

Sec. 105. 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.

Dec. 13, 2003

[H.R. 2417]

Intelligence
Authorization
Act for Fiscal
Year 2004.

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 Pri-
vacy 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

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. The President shall provide President. 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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