H.R.2417 - Intelligence Authorization Act for Fiscal Year 2004108th Congress (2003-2004)
Summary: H.R.2417 — 108th Congress (2003-2004)
Public Law (12/13/2003)
Intelligence Authorization Act for Fiscal Year 2004 - Title I: Intelligence Activities - (Sec. 101) Authorizes appropriations for FY 2004 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency; (4) National Security Agency (NSA); (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury,Energy, and Justice; (7) Federal Bureau of Investigation (FBI); (8) National Reconnaissance Office; (9) National Geospatial-Intelligence Agency (NGIA); (10) Coast Guard; and (11) Department of Homeland Security.
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2004, for such activities are those specified in the classified Schedule of Authorizations.
(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2004 (by not more than two percent) when necessary to the performance of important intelligence functions.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 2004 as well as for full-time personnel for elements within such Account. Earmarks a specified amount of such funds for the National Drug Intelligence Center.
(Sec. 105) Establishes within the Department of the Treasury the Office of Intelligence and Analysis, headed by an Assistant Secretary for Intelligence and Analysis. Requires consultation with the DCI in the appointment of the Assistant Secretary.
(Sec. 106) Incorporates into this Act each requirement to submit a report to the congressional intelligence committees included in the joint explanatory statement accompanying the conference report for this bill.
(Sec. 107) Directs the DCI to ensure that any report, review, study, or plan required under this Act that involves the intelligence or intelligence-related activities of the Departments of Defense or Energy is prepared or conducted in consultation with the Secretary of Defense or Energy, as appropriate. Requires all such reports, reviews, studies, or plans to be submitted to the congressional defense, appropriations, and intelligence committees.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY 2004 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: General Provisions - Subtitle A: Recurring General Provisions - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Specifies that 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 laws of the United States.
Subtitle B: Intelligence - (Sec. 311) Amends the National Security Act of 1947 to authorize the FBI Director to enter into personal services contracts if the services to be provided directly support FBI intelligence or counterintelligence missions. Requires the Contracting Officer of the FBI to ensure that each contract so entered is the appropriate means of securing the services to be provided. Requires annual reports from the FBI Director to specified congressional committees on the use of such authority.
(Sec. 312) Amends the National Security Act of 1947 to require the DCI to 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 (IC). Qualifies as a major system any IC program for which the aggregate future cost of development or procurement, or combination thereof, will exceed $500 million. Requires such estimate to be updated upon completion of any preliminary design review or after any significant modification or change in circumstances. Requires the DCI to establish an office for preparing such estimates within the Office of the Deputy Director of Central Intelligence for Community Management. Requires: (1) the budget request for an IC major system to match the most recent independent cost estimate for such system; and (2) such estimates to be included in the annual budget justification materials submitted to Congress.
(Sec. 313) Repeals a section of the National Security Act of 1947 which terminated, on January 6, 2000, provisions concerning the application of sanctions laws to intelligence activities.
(Sec. 314) Amends the Intelligence Authorization Act for Fiscal Year 1995 to increase the threshold amounts for projects for the construction or improvement of a facility used primarily by IC personnel that must be specifically listed in the President's budget and specifically authorized by Congress. Allows vital or urgent projects to be carried out seven (currently 21) days after notification to the intelligence committees. Allows a project to begin on the date the notification is received if the DCI and the Secretary of Defense (Secretary) jointly determine that: (1) an emergency exists with respect to national security or the protection of health, safety, or environmental quality; and (2) any delay in the commencement of the project would harm any or all of those interests.
(Sec. 315) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until September 1, 2004, the due date of a final report from the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community.
(Sec. 316) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish a program to provide appropriate training to officials of State and local government agencies and representatives of private sector entities with responsibilities relating to the oversight and management of first responders, counterterrorism activities, or critical infrastructure. Requires consultation with the Attorney General (AG) to ensure that such training program does not duplicate the training program established under the USA PATRIOT Act of 2001. Requires such Secretary to submit an implementation plan to Congress.
(Sec. 317) Requires the DCI to carry out pilot programs of the feasibility of: (1) permitting IC analysts to access and analyze intelligence from other IC elements, including NSA signals intelligence; and (2) training students for employment as intelligence analysts in areas in which current capabilities are or are likely to be deficient. Requires the DCI to submit reports assessing each program.
(Sec. 319) Requires the DCI to carry out and report to Congress on a three-year pilot project to test and evaluate alternative, innovative methods to promote equality of IC employment opportunities for women, minorities, and individuals with diverse ethnic and cultural backgrounds, skills, language proficiency, and expertise. Requires a report form the DCI to Congress on a plan (to be entitled the "DCI Diversity Plan") on increasing diversity of IC officers and employees.
(Sec. 320) Expresses the sense of Congress that IC elements should endeavor to recruit U.S. citizens and nationals who participated in Operations Enduring Freedom or Iraqi Freedom and in any other campaigns abroad upon their separation, discharge, or release from the armed forces.
(Sec. 321) Authorizes the President to establish an External Collections Capabilities and Requirements Review Panel as specified in the classified annex to this Act.
Subtitle C: Counterintelligence - (Sec. 341) Requires the DCI to establish and implement: (1) an inspection process intended to assure that all Federal agencies that handle classified information relating to U.S. national security maintain effective operational security practices and programs directed against counterintelligence activities; (2) a process for all elements of the IC to review, on an annual basis, individuals included on distribution lists for access to classified information; and (3) a process by which each head of an IC element directs that all employees of that element, in order to be granted access to classified information, submit financial disclosure forms. Directs the DCI to establish for all IC elements programs and procedures by which sensitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees. Requires the AG to establish policies and procedures for assisting in the consideration of intelligence and national security-related equities in the development of charging documents and related pleadings in espionage prosecutions.
Subtitle D: Reports - (Sec. 351) Requires the DCI and the Secretary to jointly report to specified congressional committees on national security risks of current computer security practices within elements of the IC and DOD.
(Sec. 352) Requires the DCI, Secretary, AG, Director of the Office of Personnel Management, and the heads of other appropriate Federal departments and agencies as determined by the President to report to the intelligence and defense committees on the utility and effectiveness of current Federal security background investigations and security clearance procedure .
(Sec. 353) Requires the DCI to report to the intelligence, defense, governmental affairs, and judiciary committees on means of improving the detail or transfer of civilian intelligence personnel between and among various IC elements in order to enhance the flexibility and effectiveness of the IC in responding to changes in requirements for the collection, analysis, and dissemination of intelligence.
(Sec. 354) Requires the President to report to the intelligence, defense, governmental affairs, and judiciary committees on current policy and regulation impediments to the sharing of classified information across and among Federal departments and agencies, and between Federal departments and agencies and agencies of State and local government and the private sector, for national security purposes, including homeland security.
(Sec. 355) Directs the Secretary and DCI to report jointly to the defense and intelligence committees on IC strategic and budgetary planning.
(Sec. 356) Requires the DCI to report to the intelligence and defense committees on: (1) the extent of U.S. dependence on computer hardware or software manufactured overseas; and (2) the intelligence lessons learned as a result of Operation Iraqi Freedom.
(Sec. 358) Requires the Director of the Defense Intelligence Agency to report to the intelligence, defense, and foreign relations committees on all information obtained by DOD and the IC on conventional weapons and ammunition obtained by Iraq in violation of applicable resolutions of the United Nations Security Council adopted since the Iraqi invasion of Kuwait in August 1990.
(Sec. 359) Directs the President to report to the intelligence, governmental affairs, judiciary, and appropriations committees on the operations of the Directorate of Information Analysis and Infrastructure Protection of the Department of Homeland Security and the Terrorist Threat Integration Center.
(Sec. 360) Directs the President to report to Congress on the establishment and operation of the Terrorist Screening Center as established on September 16, 2003, by Homeland Security Presidential Directive 6.
(Sec. 361) Repeals various intelligence-related report requirements under the National Security Act of 1947, prior intelligence authorization Acts, and other intelligence-related Acts.
Subtitle E: Other Matters - (Sec. 371) Amends the Intelligence Authorization Act for Fiscal Year 2002 to extend to a conditional date the suspension of the reorganization of the Diplomatic Telecommunications Service Program Office.
(Sec. 372) Amends the Federal criminal code to include a member of the North Atlantic Treaty Organization or other friendly military force who is present in the United States under military orders for training, under an authorized military purpose, or in cooperation with the DCI among those to whom explosive materials may be distributed, possessed, or received in furtherance of such purposes.
(Sec. 373) Amends the Immigration and Nationality Act to provide for the naturalization of a person affiliated with the Communist or other totalitarian party if the DCI, with the concurrence of the Secretary of Homeland Security (currently, only with the concurrence of the Attorney General), determines such person has made a contribution to the national security or national intelligence mission of the United States.
(Sec. 374) Amends the Right to Financial Privacy Act of 1978 to revise the definition of "financial institution" for purposes of provisions governing access to financial records for counterintelligence investigation purposes to include only an institution any part of which is located inside any U.S. state, territory, or possession or the District of Columbia.
(Sec. 375) Directs the National Science Foundation and the Office of Science and Technology Policy to jointly sponsor not less than two workshops on the coordination of Federal research on the use of behavioral, psychological, and physiological assessments of individuals in the conduct of security evaluations. Requires such activities to be completed by March 1, 2004. Establishes an interagency advisory group to assist with such coordination. Requires a joint report from the Foundation and Office to Congress. Earmarks funds authorized under this Act for such purposes.
(Sec. 376) Provides for the ex parte, in camera judicial review of classified information in connection with money laundering cases.
Title IV: Central Intelligence Agency - (Sec. 402) Protects CIA personnel authorized to act as special police or to carry firearms, and NSA employees performing special police functions, from tort liability when reasonably acting within the scope of their employment to: (1) protect an individual from a crime of violence; (2) provide immediate assistance to an individual who has suffered or is threatened with bodily harm; or (3) prevent the escape of any individual reasonably believed to have committed a crime of violence in the presence of such personnel.
(Sec. 403) Amends the Central Intelligence Agency Act of 1949 to repeal a limitation on the use of funds in the Central Services Working Capital Fund.
(Sec. 404) Allows CIA purchases of products or services from Federal Prison Industries only if the DCI determines that such a purchase best meets CIA needs.
(Sec. 405) Extends until the date of enactment of the Intelligence Authorization Act for Fiscal Year 2005 the implementation date for the CIA compensation reform plan, as authorized under the Intelligence Authorization Act for Fiscal Year 2003. Allows CIA employees who make contributions to the Thrift Savings Plan to also contribute to such Plan any part of bonus pay received under a CIA employee compensation reform pilot project authorized under the Intelligence Authorization Act for Fiscal Year 2003. Requires a report from the DCI to the intelligence committees on the total compensation, including Thrift Savings Plan contributions, received by each employee participating in a CIA pilot project testing the fairness and efficacy of the CIA compensation plan.
Title V: Department of Defense Intelligence Matters - (Sec. 502) Permits the use of funds designated for intelligence purposes for assistance to the Government of Colombia for: (1) supporting a campaign against narcotics trafficking and against activities by designated terrorist organizations; and (2) protecting human health and welfare in emergency circumstances, including rescue operations. Prohibits the participation of U.S. armed forces or contractor personnel in any combat operation in connection with such assistance, except for self-defense or rescue purposes.
(Sec. 503) Earmarks specified funds authorized under this Act for NGIA for scene visualization technologies.
(Sec. 504) Directs the Secretary to: (1) carry out a program to incorporate the results of basic research on sensors into U.S. measurement and signatures intelligence systems; and (2) establish an advisory panel to assist in carrying out the program.
(Sec. 505) Makes any funds authorized for the NSA after FY 2003 available to the Independent College Fund of Maryland for the establishment and provision of national security scholarships to the extent such funds are specifically authorized for that purpose.