PlainBillCongress, translated.Legislation. Context. Public interest.Became Public Law No: 108-177.
Congressional Research Service
Version 36 · Passed House amended · Jun 27, 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; (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.
People & committees
Rep. Goss, Porter J. [R-FL-14] · R–FL
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Became Public Law No: 108-177.
Became Public Law No: 108-177.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Message on Senate action sent to the House.
Senate agreed to conference report by Voice Vote.
Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.
Conference report considered in Senate by motion. (consideration: CR S15335-15358)
Motion to proceed to consideration of conference report to accompany H. R. 2417 agreed to in Senate by Voice Vote. (consideration: CR S15335)
Conference papers: Senate report and manager's statement and message on House action held at the desk in Senate.
On agreeing to the conference report Agreed to by the Yeas and Nays: 264 - 163 (Roll no. 649).
House roll call 649 · Individual votesMotions to reconsider laid on the table Agreed to without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 264 - 163 (Roll no. 649).
House roll call 649 · Individual votesPOSTPONED PROCEEDINGS - At the conlusion of debate on the conference report, the Chair put the question on adoption of the conference report and by voice vote, announced that the ayes had prevailed. Mr. Goss demanded the yeas and nays and pursuant to clause 8, Rule XX, the Chair postponed further proceedings on adoption of the conference report until later in the legislave day.
The previous question was ordered without objection.
DEBATE - The House resumed debate on the conference report to accompany H.R. 2417.
DEBATE - Pursuant to H. Res. 451, the House proceeded with one hour of debate on the conference report to accompany H.R. 2417.
Mr. Goss brought up conference report H. Rept. 108-381 for consideration under the provisions of H. Res. 451. (consideration: CR H11667-11677, H11678)
Rule H. Res. 451 passed House.
Rules Committee Resolution H. Res. 451 Reported to House. Rule provides for consideration of the conference report to H.R. 2417. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read.
The previous question was ordered without objection.
Conference report H. Rept. 108-381 filed. (text of conference report: CR H11605-11622)
Conference report filed: Conference report H. Rept. 108-381 filed.(text of conference report: CR H11605-11622)
Conferees agreed to file conference report.
Conference committee actions: Conferees agreed to file conference report.
The Speaker appointed conferees - from the Committee on Armed Services for consideration of defense tactical intelligence and related activities: Hunter, Weldon (PA), and Skelton.
The Speaker appointed conferees - from the Permanent Select Committee on Intelligence for consideration of the House bill and the Senate amendment, and modifications committed to conference: Goss, Bereuter, Boehlert, Gibbons, LaHood, Cunningham, Hoekstra, Burr, Everett, Gallegly, Collins, Harman, Hastings (FL), Reyes, Boswell, Peterson (MN), Cramer, Eshoo, Holt, and Ruppersberger.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House instruct conferees Agreed to by the Yeas and Nays: 404 - 12 (Roll no. 633).
House roll call 633 · Individual votesThe previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the Harman motion to instruct conferees on H.R. 2417.
Ms. Harman moved that the House instruct conferees. (consideration: CR 11/19/2003 H11434-11440; text: CR 11/19/2003 H11434)
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection. (consideration: CR 11/19/2003 H11434)
Mr. Goss asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference. (consideration: CR 11/19/2003 H11434-11440)
Message on Senate action sent to the House.
Senate appointed conferee(s) Allard; Nelson FL from the Committee on Armed Services.
Senate appointed conferee(s) Roberts; Hatch; DeWine; Bond; Lott; Snowe; Hagel; Chambliss; Warner; Rockefeller; Levin; Feinstein; Wyden; Durbin; Bayh; Edwards; Mikulski from the Select Committee on the Intelligence.
Senate insisted on its amendment, requested a conference.
Passed Senate with an amendment by Unanimous Consent. (text: CR 8/1/2003 S10858-10866)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR 8/1/2003 S10858-10866)
Senate struck all after the Enacting Clause and substituted the language of S.1025 amended.
Measure laid before Senate by unanimous consent. (consideration: CR 8/1/2003 S10858-10866)
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 184.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 410 - 9 (Roll no. 333).
House roll call 333 · Individual votesPassed/agreed to in House: On passage Passed by the Yeas and Nays: 410 - 9 (Roll no. 333).
House roll call 333 · Individual votesConsidered as unfinished business. (consideration: CR 6/26/2003 H6256-6257)
POSTPONED ROLL CALL ON H.R. 2417 - The Speaker put the question on the adoption of H.R. 2417 and by voice vote, announced that the ayes had prevailed. Mr. Goss demanded the yeas and nays and the Speaker postponed further proceedings on the question of adoption of the bill until later in the legislative day.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2417.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated on Wednesday, June 25, 2003, and on which further proceedings had been postponed.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H5943-5946)
Committee of the Whole House on the state of the Union rises leaving H.R. 2417 as unfinished business.
POSTPONED VOTE - At the conclusion of debate on the Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Lee demanded a recorded vote and the Chair postponed further proceedings.
DEBATE - Pursuant to H. Res. 295 the Committee of the Whole proceeded with debate on the Lee amendment.
POSTPONED VOTE - At the conclusion of debate on the Kucinich amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Kucinich demanded a recorded vote and the Chair postponed further proceedings.
DEBATE - Pursuant to H. Res. 295 the Committee of the Whole proceeded with debate on the Kucinich amendment.
POSTPONED VOTE - At the conclusion of debate on the Hastings (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings.
DEBATE - Pursuant to H. Res. 295 the Committee of the Whole proceeded with debate on the Hastings of FL amendment.
DEBATE - Pursuant to H. Res. 295 the Committee of the Whole proceeded with debate on the Harman amendment.
DEBATE - Pursuant to H. Res. 295 the Committee of the Whole proceeded with debate on the Cox amendment.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H5883-5903; text of measure as reported in House: CR H5883-5888)
Committee of the Whole House on the state of the Union rises leaving H.R. 2417 as unfinished business.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2417.
The Speaker designated the Honorable Johnny Isakson to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 295 and Rule XXIII.
Rule provides for consideration of H.R. 2417 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Waives all points of order against consideration of the bill. The bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute now printed in the bill, which shall be considered as read. Measure will be considered read. Specified amendments are in order. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the Rules Committee report accompanying the resolution, and all points or order against said amendments are waived. Each amendment may be offered only in the order printed in...
Considered under the provisions of rule H. Res. 295. (consideration: CR H5870-5881)
Rule H. Res. 295 passed House.
Rules Committee Resolution H. Res. 295 Reported to House. Rule provides for consideration of H.R. 2417 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Waives all points of order against consideration of the bill. The bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute now printed in the bill, which shall be considered as read. Measure will be considered read. Specified amendments are in order. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the Rules Committee report accompanying the resolution, and all points or order against said amendments are waived. Each amendment may be offered only in the order printed in...
Placed on the Union Calendar, Calendar No. 80.
Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 108-163.
Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 108-163.
Mr. Goss asked unanimous consent that the Committee on Intelligence (Permanent) have until midnight on June 17 to file a report on H.R. 2417. Agreed to without objection.
Referred to the House Committee on Intelligence (Permanent Select).
Introduced in House
Introduced in House
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Analyze H.R.2417 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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