Summary
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; (3) Defense Intelligence Agency; (4) National Security Agency (NSA); (5) National Reconnaissance Office; (6) National Imagery and Mapping Agency; (7) Departments of the Army, Navy, and Air Force; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation (FBI); (10) Department of Homeland Security (DHS); and (11) Coast Guard. (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, which shall be made available to the Senate and House Appropriations Committees and the President.(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget (OMB), 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. Requires notification of the congressional intelligence committees.(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY 2004, for full-time personnel for elements within such Account, and for certain classified personnel. Earmarks a specified amount of such funds for the National Drug Intelligence Center. (Sec. 105) Amends the National Security Act of 1947 to establish within the Department of the Treasury a Bureau of Intelligence and Enforcement, headed by an Assistant Secretary for Intelligence and Enforcement. Requires consultation with the DCI in the appointment of the Assistant Secretary. 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 permitted by the Constitution or laws of the United States.Subtitle B: Intelligence - (Sec. 311) Amends the Intelligence Authorization Act for Fiscal Year 1995 to increase certain thresholds for congressional notification and/or approval for projects to construct or improve intelligence community (IC) facilities. Authorizes the DCI to undertake an emergency construction project seven (currently 21) days after congressional notification. Authorizes the DCI and the Secretary of Defense (Secretary) to undertake an emergency project on the same date as congressional notification when they jointly determine that an emergency relating to the national security or the protection of health, safety, or environmental quality exists and that delay would irreparably harm those interests.Subtitle C: Counterintelligence - (Sec. 321) Requires the DCI to establish and implement for all Federal agencies that handle classified information relating to U.S. national security an inspection process intended to assure that those agencies maintain effective operational security practices and programs directed against counterintelligence activities. Requires the Attorney General (AG), acting through the FBI Director, to establish an Office of Counterintelligence to investigate potential espionage activities within the FBI.Requires the DCI to: (1) establish and implement an annual review of individuals included on distribution lists for access to classified information (with a "need to know" requirement); (2) certify annually to the intelligence committees that such review has been conducted; (3) establish and implement a process by which heads of IC elements direct that all employees who wish to be granted access to classified information submit financial disclosure forms; and (4) establish for all IC elements programs and procedures by which sensitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees.Directs the AG to establish policies and procedures to assist in the consideration of intelligence and national security equities in the development of charging documents and related pleadings in espionage prosecutions.Subtitle D: Other Matters - (Sec. 331) Amends the Intelligence Authorization Act for Fiscal Year 2002 to continue suspension of the required reorganization of the Diplomatic Telecommunications Service Program Office (currently suspended through the end of FY 2003) until 60 days after notification of the appropriate congressional committees by the Secretary of State and the OMB Director that the operational framework for such Office has been terminated.(Sec. 332) Makes it lawful to distribute explosive materials to qualified aliens, and for qualified aliens to ship, transport, or receive explosive materials, in furtherance of authorized military purposes. Defines a "qualified alien" as one who is: (1) lawfully present in the United States in cooperation with the DCI; or (2) a member of the North Atlantic Treaty Organization or other friendly foreign military force and is present under military orders for training or other authorized military purposes.(Sec. 333) Amends the Immigration and Nationality Act to require consultation with the Secretary of Homeland Security during determination of the expedited naturalization of aliens who have contributed to U.S. national security or intelligence missions.(Sec. 334) 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 an institution any part of which is located in the United States.(Sec. 335) Amends the Central Intelligence Agency Act of 1949 to require the DCI, before purchasing a product listed in the latest edition of the Federal Prison Industries (FPI) catalog, to conduct market research to determine whether the FPI product is comparable to products available from the private sector that best meet the CIA's needs in terms of price, quality, and time of delivery. Requires the DCI, upon a negative determination, to use competitive procedures for such procurement or to make an individual purchase under a multiple award contract. States that market research determinations shall not be subject to review. Prohibits a contractor or potential contractor of the CIA from being required to use FPI as a subcontractor or supplier for the performance of a contract. Prohibits the DCI from entering into any contract with FPI under which an inmate would have access to: (1) classified data; (2) geographic data regarding the location of certain telecommunications or utilities infrastructure; or (3) any personal or financial information about a private citizen without their prior consent.(Sec. 336) Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Information Analysis and Infrastructure Protection of DHS to conduct three-year pilot projects to improve the sharing with State and local officials of intelligence collected by the Federal Government. Requires appropriate training for such officials. Requires pilot project reports from the Under Secretary to Congress.Authorizes such Under Secretary to carry out a three-year pilot program to make DHS intelligence information available to State and local officials through the use of tear-line intelligence reports (reports in which intelligence source and methods information is easily severable). Requires a program report to Congress. Authorizes appropriations.Authorizes the DCI to establish a comprehensive program of orientation and training to qualified State and local officials in accessing and using available IC resources. Defines "qualified State and local officials" as those who: (1) have received appropriate security clearance; and (2) oversee or manage first responders or counterterrorism activities. Requires annual program reports from the DCI to Congress. Authorizes appropriations.Requires the Director of the Terrorist Threat Integration Center to establish two advisory councils (one focusing on civil liberties issues and the other on State and local government information needs) to provide the DCI with advice and recommendations in carrying out the Center's functions.(Sec. 337) Requires the DCI to carry out and report to Congress on a three-year pilot project to test and evaluate alternative, innovative methods to recruit and hire for the IC women and minorities with diverse ethnic and cultural backgrounds, skills, language proficiency, and expertise.Requires a report from the DCI to Congress on a plan (to be entitled the "DCI Diversity Strategic Plan") on increasing diversity of IC officers and employees.Subtitle E: Reports and Technical Amendments - (Sec. 341) Amends the Intelligence Authorization Act for Fiscal Year: (1) 2003 to extend through FY 2004 the deadline for a final report of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community; and (2) 1997 to require reports on the acquisition of technology relating to weapons of mass destruction and advanced conventional munitions and the disclosure of intelligence information to the United Nations annually (currently, semiannually).(Sec. 343) Makes technical amendments with respect to various acts relating to intelligence matters.(Sec. 344) Directs the DCI to report to the intelligence and defense committees on intelligence lessons learned as a result of Operation Iraqi Freedom. (Sec. 345) Amends the Intelligence Authorization Act for Fiscal Year 2003 to require the DCI's report on the status of the Terrorist Identification Classification System to include a certification on: (1) whether further consolidation or elimination of watch list databases in departments and agencies with access to the System would contribute to System efficiency and effectiveness in identifying known or suspected international terrorists; and (2) the steps required to consolidate or eliminate such lists. Requires the DCI to establish an advisory council of experts in the fields of civil liberties and privacy issues to advise the DCI on such issues as they relate to System maintenance. Title IV: Central Intelligence Agency - (Sec. 401) Deems CIA personnel designated as security personnel to be acting within the scope of their office or employment, and therefore under protection from tort liability claims against the United States, when taking reasonable action, including force, to: (1) protect an individual in their presence 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 an individual reasonably believed to have committed a crime of violence in their presence.(Sec. 402) Amends the Central Intelligence Agency Act of 1949 to repeal a limitation on the use of funds in the Central Services Working Capital Fund.Title V: Department of Defense Intelligence Matters - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend through FY 2005 the authority for the use of certain intelligence funds for counter-drug and counterterrorism activities for Colombia. Prohibits the participation of any U.S. military personnel or civilian employees or contractors in any combat operation in connection with such activities.(Sec. 502) Authorizes the NSA Director to provide living quarters to an individual employed at NSA in a Student Educational Employment Program or a similar cooperative or summer education program of NSA that meets appropriate educational criteria.(Sec. 503) Authorizes the Secretary to enter into personal services contracts if such services directly support the missions of a defense intelligence component or counterintelligence organization.(Sec. 504) Amends the National Security Agency Act of 1959 to consider CIA personnel designated as special policemen as acting within the scope of their employment when taking reasonable action to: (1) protect an individual in their presence 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 an individual reasonably believed to have committed a crime of violence in their presence.(Sec. 505) 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.
Intelligence Authorization Act for Fiscal Year 2004 - Authorizes appropriations for FY 2004 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency; (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) National Reconnaissance Office; (6) National Imagery and Mapping Agency; (7) Departments of the Army, Navy, and Air Force; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation; (10) Department of Homeland Security; and (11) Coast Guard.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, which shall be made available to the Senate and House Appropriations Committees and the President.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. Requires notification of the congressional intelligence committees.Authorizes appropriations for the Intelligence Community Management Account for FY 2004, as well as for full-time personnel for elements within such Account.Authorizes appropriations for FY 2004 for the Central Intelligence Agency Retirement and Disability Fund.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 permitted by the Constitution or laws of the United States.
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; (3) Defense Intelligence Agency; (4) National Security Agency (NSA); (5) National Reconnaissance Office; (6) National Imagery and Mapping Agency; (7) Departments of the Army, Navy, and Air Force; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation (FBI); (10) Department of Homeland Security (DHS); and (11) Coast Guard.(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, which shall be made available to the Senate and House Appropriations Committees and the President.(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. Requires notification of the congressional intelligence committees.(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY 2004, for full-time personnel for elements within such Account, and for certain classified personnel. Earmarks a specified amount of such funds for the National Drug Intelligence Center.(Sec. 105) Amends the National Security Act of 1947 to establish within the Treasury a Bureau of Intelligence and Enforcement, headed by an Assistant Secretary for Intelligence and Enforcement. Requires consultation with the DCI in the appointment of the Assistant Secretary.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 permitted by the Constitution or laws of the United States.Subtitle B: Intelligence - (Sec. 311) Amends the Intelligence Authorization Act for Fiscal Year 1995 to increase certain thresholds for congressional notification and/or approval for projects to construct or improve intelligence community (IC) facilities. Authorizes the DCI to undertake an emergency construction project seven (currently 21) days after congressional notification. Authorizes the DCI and the Secretary of Defense (Secretary) to undertake an emergency project on the same date as congressional notification when they jointly determine that an emergency relating to the national security or the protection of health, safety, or environmental quality exists and that delay would irreparably harm those interests.Subtitle C: Counterintelligence - (Sec. 321) Requires the DCI to establish and implement for all Federal agencies that handle classified information relating to U.S. national security an inspection process intended to assure that those agencies maintain effective operational security practices and programs directed against counterintelligence activities. Requires the Attorney General (AG), acting through the FBI Director, to establish an Office of Counterintelligence to investigate potential espionage activities within the FBI.Requires the DCI to: (1) establish and implement an annual review of individuals included on distribution lists for access to classified information (with a "need to know" requirement); (2) certify annually to the intelligence committees that such review has been conducted; (3) establish and implement a process by which heads of IC elements direct that all employees who wish to be granted access to classified information submit financial disclosure forms; and (4) establish for all IC elements programs and procedures by which sensitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees.Directs the AG to establish policies and procedures to assist in the consideration of intelligence and national security equities in the development of charging documents and related pleadings in espionage prosecutions.Subtitle D: Other Matters - (Sec. 331) Amends the Intelligence Authorization Act for Fiscal Year 2002 to continue suspension of the required reorganization of the Diplomatic Telecommunications Service Program Office (currently suspended through the end of FY 2003) until 60 days after notification of the appropriate congressional committees by the Secretary of State that the operational framework for such Office has been terminated.(Sec. 332) Makes it lawful to distribute explosive materials to qualified aliens, and for qualified aliens to ship, transport, or receive explosive materials, in furtherance of authorized military purposes. Defines a "qualified alien" as one who is: (1) lawfully present in the United States in cooperation with the DCI; or (2) a member of the North Atlantic Treaty Organization or other friendly foreign military force and is present under military orders for training or other authorized military purposes.(Sec. 333) Amends the Immigration and Nationality Act to require consultation with the Secretary of Homeland Security during determination of the expedited naturalization of aliens who have contributed to U.S. national security or intelligence missions.(Sec. 334) 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 an institution any part of which is located in the United States.(Sec. 335) Amends the Central Intelligence Agency Act of 1949 to require the DCI, before purchasing a product listed in the latest edition of the Federal Prison Industries (FPI) catalog, to conduct market research to determine whether the FPI product is comparable to products available from the private sector that best meet the CIA's needs in terms of price, quality, and time of delivery. Requires the DCI, upon a negative determination, to use competitive procedures for such procurement or to make an individual purchase under a multiple award contract. States that market research determinations shall not be subject to review. Prohibits a contractor or potential contractor of the CIA from being required to use FPI as a subcontractor or supplier for the performance of a contract. Prohibits the DCI from entering into any contract with FPI under which an inmate would have access to: (1) classified data; (2) geographic data regarding the location of certain telecommunications or utilities infrastructure; or (3) any personal or financial information about a private citizen without their prior consent.(Sec. 336) Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Information Analysis and Infrastructure Protection of DHS to conduct three-year pilot projects to improve the sharing with State and local officials of intelligence collected by the Federal Government. Requires appropriate training for such officials. Requires pilot project reports from the Under Secretary to Congress.Authorizes such Under Secretary to carry out a three-year pilot program to make DHS intelligence information available to State and local officials through the use of tear-line intelligence reports (reports in which intelligence source and methods information is easily severable). Requires a program report to Congress. Authorizes appropriations.Authorizes the DCI to establish a comprehensive program of orientation and training to qualified State and local officials in accessing and using available IC resources. Defines "qualified State and local officials" as those who: (1) have received appropriate security clearance; and (2) oversee or manage first responders or counterterrorism activities. Requires annual program reports from the DCI to Congress. Authorizes appropriations.Requires the Director of the Terrorist Threat Integration Center to establish two advisory councils (one focusing on civil liberties issues and the other on State and local government information needs) to provide the DCI with advice and recommendations in carrying out the Center's functions.Subtitle E: Reports and Technical Amendments - (Sec. 341) Amends the Intelligence Authorization Act for Fiscal Year: (1) 2003 to extend through FY 2004 the deadline for a final report of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community; and (2) 1997 to require reports on the acquisition of technology relating to weapons of mass destruction and advanced conventional munitions and the disclosure of intelligence information to the United Nations annually (currently, semiannually).(Sec. 343) Makes technical amendments with respect to various acts relating to intelligence matters.(Sec. 344) Directs the DCI to report to the intelligence and defense committees on intelligence lessons learned as a result of Operation Iraqi Freedom.Title IV: Central Intelligence Agency - (Sec. 401) Deems CIA personnel designated as security personnel to be acting within the scope of their office or employment, and therefore under protection from tort liability claims against the United States, when taking reasonable action, including force, to: (1) protect an individual in their presence 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 an individual reasonably believed to have committed a crime of violence in their presence.(Sec. 402) Amends the Central Intelligence Agency Act of 1949 to repeal a limitation on the use of funds in the Central Services Working Capital Fund.Title V: Department of Defense Intelligence Matters - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend through FY 2005 the authority for the use of certain intelligence funds for counter-drug and counterterrorism activities for Colombia. Prohibits the participation of any U.S. military personnel or civilian employees or contractors in any combat operation in connection with such activities.(Sec. 502) Authorizes the NSA Director to provide living quarters to an individual employed at NSA in a Student Educational Employment Program or a similar cooperative or summer education program of NSA that meets appropriate educational criteria.(Sec. 503) Authorizes the Secretary to enter into personal services contracts if such services directly support the missions of a defense intelligence component or counterintelligence organization.(Sec. 504) Amends the National Security Agency Act of 1959 to consider CIA personnel designated as special policemen as acting within the scope of their employment when taking reasonable action to: (1) protect an individual in their presence 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 an individual reasonably believed to have committed a crime of violence in their presence.(Sec. 505) 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.
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.
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, and Energy; (7) Federal Bureau of Investigation; (8) National Reconnaissance Office; (9) National Imagery and Mapping Agency (NIMA); (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) 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. 106) 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 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. 312) 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 intelligence community (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. 313) 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. Requires the DCI to submit reports assessing each program. (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 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 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. Subtitle C: Surveillance - (Sec. 321) Amends the USA Patriot Act of 2001 to modify the sunset of surveillance-related amendments. Subtitle D: Reports - (Sec. 331) Requires the DCI and the Secretary to jointly report to specified congressional committees on: (1) national security risks of current computer security practices within elements of the IC and DOD; and (2) the utility and effectiveness of current Federal security background investigations and security clearance procedures. (Sec. 333) Requires the DCI to report to the intelligence, defense, 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. 334) Requires the President to report to the intelligence, homeland security, and defense 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. 335) Directs the Secretary and DCI to report jointly to the defense and intelligence committees on IC strategic and budgetary planning. (Sec. 336) 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. 338) Requires the Director of the Defense Intelligence Agency, not later than 120 days after the cessation of hostilities in Iraq, to report to the intelligence and defense 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. 339) Repeals various intelligence-related report requirements under the National Security Act of 1947, prior intelligence authorization Acts, and other intelligence-related Acts. (Sec. 340) Directs the Secretary of Homeland Security to report to specified congressional 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. Subtitle E: Other Matters - (Sec. 351) 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. 352) 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. 353) 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. 355) 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. 357) 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. 405) 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. Title V: Department of Defense Intelligence Matters - (Sec. 501) Authorizes the NSA Director to exempt NSA operational files from Federal disclosure requirements. Includes as "operational files" files of the Signals Intelligence Directorate and Research Associate Directorate containing the means by which foreign intelligence or counterintelligence is collected through technical systems. Allows limited search and review of such files under specified circumstances. Allows judicial review when a person alleges that the NSA has improperly withheld records under such exemption. Requires the NSA Director and the DCI, at least every ten years, to review whether any files should be removed from the exemption. Requires the DCI to approve of any determination to remove an exemption. (Sec. 503) 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. Terminates such authority when there is 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 guerilla organizations. 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. 504) Earmarks specified funds authorized under this Act for NIMA for scene visualization technologies.