18 USC 4124 note. 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 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 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 subpara- SEC. 404. PURCHASES BY CENTRAL INTELLIGENCE AGENCY OF PROD- Notwithstanding section 4124 of title 18, United States Code, purchases by the Central Intelligence Agency from Federal Prison Industries shall be made only if the Director of Central Intelligence determines that the product or service to be purchased from Federal Prison Industries best meets the needs of the Agency. SEC. 405. POSTPONEMENT OF CENTRAL INTELLIGENCE AGENCY COM- (a) POSTPONEMENT OF COMPENSATION REFORM PLAN.-Section 402(a)(2) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2403; 50 U.S.C. 403-4 note) is amended by striking "February 1, 2004," and all that follows through the end and inserting "the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2005.". (b) CONTRIBUTION BY CIA EMPLOYEES OF CERTAIN BONUS PAY TO THRIFT SAVINGS PLAN. (1) CIVIL SERVICE RETIREMENT SYSTEM PARTICIPANTS.-Section 8351(d) of title 5, United States Code, is amended (A) by inserting "(1)" after "(d)"; and (B) by adding at the end the following new paragraph: "(2)(A) Only those employees of the Central Intelligence Agency participating in the pilot project required by section 402(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 403-4 note) and 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. "(B) Contributions under this paragraph are subject to section 8432(d) of this title.". (2) FEDERAL EMPLOYEES' RETIREMENT SYSTEM PARTICIPANTS.-Section 8432 of title 5, United States Code, is amended by adding at the end the following new subsection: “(k)(1) Only those employees of the Central Intelligence Agency participating in the pilot project required by section 402(b) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 403-4 note) and 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. "(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 participating in the pilot project referred to in paragraph (1) shall include bonus pay received by the employee as part of the pilot project.". (c) REPORT.-(1) The Director of Central Intelligence shall submit to the congressional intelligence committees a report on note. the amount of compensation (including basic pay, bonuses, and employer contributions to the Thrift Savings Plan) of each employee of the Central Intelligence Agency participating in 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), and on the amount that each such employee would have received had such employee received compensation under the existing system of compensation used by the Agency. (2) The report required by paragraph (1) shall be submitted together with the report required by paragraph (3) of such section 402(b). (3) In this subsection, the term "congressional intelligence committees" has the meaning given that term in section 402(d) of the Intelligence Authorization Act for Fiscal Year 2003. TITLE V-DEPARTMENT OF DEFENSE SEC. 501. PROTECTION OF CERTAIN NATIONAL SECURITY AGENCY 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 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. 502. USE OF FUNDS FOR COUNTERDRUG COUNTERTERRORISM ACTIVITIES FOR COLOMBIA. AND (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 by the Government of Colombia 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) APPLICABILITY OF CERTAIN LAWS AND LIMITATIONS.-The use of funds pursuant to the authority in subsection (a) shall be subject to the following: (1) Sections 556, 567, and 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2160, 2165, and 2166). (2) Section 8077 of the Department of Defense Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1090). (3) The numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of the Emergency Supplemental Act, 2000 (division B of Public Law 106-246; 114 Stat. 575), as amended by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (115 Stat. 2131). (c) LIMITATION ON PARTICIPATION OF UNITED STATES PERSONNEL.-No United States Armed Forces personnel or United States civilian contractor employed by the United States Armed Forces 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 during the course of search and rescue operations for United States citizens. SEC. 503. SCENE VISUALIZATION TECHNOLOGIES. Of the amount authorized to be appropriated by this Act, $2,500,000 shall be available for the National Geospatial-Intelligence Agency (NGA) for scene visualization technologies. SEC. 504. MEASUREMENT AND SIGNATURES INTELLIGENCE RESEARCH PROGRAM. (a) RESEARCH PROGRAM. (1) The Secretary of Defense and the Director of Central Intelligence shall jointly carry out a program to incorporate the results of basic research on sensors into the measurement and signatures intelligence systems of the United States, to the extent the results of such research are applicable to such systems. (2) In carrying out paragraph (1), the Secretary of Defense and the Director of Central Intelligence shall act through the Director of the Defense Intelligence Agency's Directorate for MASINT and Technical Collection (hereinafter in this section referred to as the "Director"). (b) PROGRAM COMPONENTS.-The program under subsection (a) shall review and assess basic research on sensors and technologies conducted both by the United States Government and by nongovernmental entities. In carrying out the program, the Director shall protect intellectual property rights, maintain organizational flexibility, and establish research projects, funding levels, and potential benefits in an equitable manner through the Directorate. (c) ADVISORY PANEL.-(1) The Director shall establish an Establishment. advisory panel to assist the Director in carrying out the program under subsection (a). (2) The advisory panel shall be headed by the Director who shall determine the selection, review, and assessment of the research projects under the program. (3)(A) The Director shall appoint as members of the advisory panel representatives of each entity of the MASINT community, and may appoint as such members representatives of national laboratories, universities, and private sector entities. (B) For purposes of this subsection the term "MASINT community" means academic, professional, industrial, and government entities that are committed towards the advancement of the sciences in measurement and signatures intelligence. (C) The term for a member of the advisory panel shall be established by the Director, but may not exceed a period of 5 consecutive years. (D) Members of the advisory panel may not receive additional pay, allowances, or benefits by reason of their service on the advisory panel, but may receive per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (4) The Director may accept contributions from non-governmental participants on the advisory panel to defray the expenses of the advisory panel. (5) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the advisory panel established under this subsection. (d) FOIA EXEMPTION.-All files in the possession of the Defense Intelligence Agency for purposes of administering the program under this section, including any files of a Federal, State, or local department or agency or of a private sector entity provided to or utilized by the program, shall be exempt from the provisions of section 552 of title 5, United States Code, that require publication, disclosure, search, or review in connection therewith. SEC. 505. AVAILABILITY OF FUNDS OF NATIONAL SECURITY AGENCY (a) AVAILABILITY OF FUNDS.-Any funds authorized to be appropriated for the National Security Agency for a fiscal year after fiscal year 2003 may be made available to the Independent College Fund of Maryland (also known as the "I-Fund") for the purpose of the establishment and provision of national security scholarships to the extent such funds are specifically authorized for that purpose. (b) MECHANISMS OF AVAILABILITY.-Funds may be made available to the Independent College Fund of Maryland under subsection (a) by grant, contract, cooperative agreement, or such other appropriate mechanisms as the Director of the National Security Agency considers appropriate. Approved December 13, 2003. LEGISLATIVE HISTORY-H.R. 2417 (S. 1025): HOUSE REPORTS: Nos. 108–163 (Permanent Select Comm. on Intelligence) and 108-381 (Comm. of Conference). SENATE REPORTS: Nos. 108-44 (Select Comm. on Intelligence) and 108-80 (Comm. on Armed Services), both accompanying S. 1025. CONGRESSIONAL RECORD, Vol. 149 (2003): June 25-27, considered and passed House. July 31, considered and passed Senate, amended, in lieu of S. 1025. Nov. 20, House agreed to conference report. Nov. 21, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): Dec. 13, Presidential statement. |