While Saddam was Captured: Stealth enactment of the "Patriot II" legislation


PDA






MicroBalrog
December 24, 2003, 10:44 AM
While Saddam was Captured: Stealth enactment of the "Patriot II" legislation

Various Sources

While CNN and other media outlets are rejoicing because of the capture of Saddam Hussein, Bush again introduced new legislation last Saturday which increased the federal powers to investigate and reduces the privacy rights of American citizens :

H.R. 2417, INTELLIGENCE AUTHORIZATION AGREEMENT OF 2004

Whitehouse Statement on HR 2417 (December 13, 2003)
http://www.whitehouse.gov/news/releases/2003/12/20031213-3.html

HR 2417 was cleared by the Congress on November 21, 2003
http://www.cbo.gov/showdoc.cfm?index=4862&sequence=0

Comments of Ron Paul, Congressman for Texas on HR 2417 :
It appears we are witnessing a stealth enactment of the enormously unpopular "Patriot II" legislation that was first leaked several months ago. Perhaps the national outcry when a draft of the Patriot II act was leaked has led its supporters to enact it one piece at a time in secret. Whatever the case, this is outrageous and unacceptable. I urge each of my colleagues to join me in rejecting this bill and its incredibly dangerous expansion of Federal police powers.

http://www.fas.org/irp/congress/2003_cr/h112203.html

Bush signs bill extending FBI powers

Associated Press

WASHINGTON -- President Bush has signed legislation making it easier for FBI agents investigating terrorism to demand financial records from casinos, car dealerships, and other businesses.

The changes were included in a bill authorizing 2004 intelligence programs. Most of the details of the bill are secret, including the total cost of the programs, which are estimated to be about $40 billion. That would be slightly more than Bush had requested.

Bush signed the bill Saturday, the White House announced.

The bill expands the number of businesses from which the FBI and other US authorities conducting intelligence work can demand financial records without seeking court approval.

Under current law, "national security letters" can be issued to traditional financial institutions, such as banks and credit unions, to require them to turn over information. The bill expands the definition of financial institution to include other businesses that deal with large amounts of cash.

Supporters of the change say it will help authorities identify money laundering and other activities that fund terrorism. But some lawmakers and civil liberties advocates say the change does not provide enough safeguards to ensure that authorities will not violate the privacy of innocent people.

In other provisions, the bill:

Requires the CIA director to prepare a report as soon as possible on what intelligence agencies have learned from their experiences in Iraq.

Creates a Treasury Department office to work with intelligence agencies on fighting terrorist financing.

Creates pilot programs to share raw data between agencies.

Authorizes agencies to continue research on computerized terrorism surveillance suspended by the Pentagon.

© Copyright 2003 Globe Newspaper Company.

http://www.prisonplanet.com/121503stealthenactment.html

If you enjoyed reading about "While Saddam was Captured: Stealth enactment of the "Patriot II" legislation" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
TallPine
December 24, 2003, 03:30 PM
Most of the details of the bill are secret
That alone tells us all we need to know

:(

HBK
December 25, 2003, 09:21 PM
The details of a bill should never ever be secret. That goes against the very fabric of which our society was constructed. :uhoh: I have no problem with the government treating terrorists in that manner, just not average citizens. :rolleyes:

CMichael
December 26, 2003, 01:29 PM
I have a hard time believing that it's secret. It passed the House, The Senate, the conference committee.

How exactly is it secret?

Tag
December 26, 2003, 02:24 PM
Can this legislation be repealed? I think of the patriot act(s) as laying a framework for similar "safety" based legislation, and it will bring nothing but harm.

What was that about a willingness to give up essential liberty for the illusion of temporary security?

:uhoh:

DaveB
December 26, 2003, 02:28 PM
I think that everybody should go and post on the "Why Bush will get my vote" thread...

db

Zedicus
December 26, 2003, 04:48 PM
hmm, suddently buying an island somewhere and declairing it my own country is becoming more appealing for some reason.....

rage
December 27, 2003, 01:00 PM
The Secret Police...aka/TheFBI:eek:


The Patriot Act is extremely dangerous legislation. :( The potential for abusing our rights is in the hands of honest and forthcoming men like GW. So I guess we're ok.:scrutiny: That he signed that law under the cover of Sadam's capture to avoid media scrutiny, public outrage and stinging criticism...well, that doesn't bother me. After all he is an honorable man...and so too are Ashcroft and Mueller honorable men. :rolleyes:

DigitalWarrior
December 28, 2003, 07:02 PM
Buying an Island will not do it anymore. It would just be embargoed to death.

JohnBT
December 28, 2003, 07:48 PM
Congressional Budget Office
Cost Estimate November 25, 2003
H.R. 2417
Intelligence Authorization Act for Fiscal Year 2004
As cleared by the Congress on November 21, 2003


--------------------------------------------------------------------------------

H.R. 2417 would authorize appropriations for fiscal year 2004 for intelligence activities of the U.S. government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System (CIARDS). The act also would make changes to other laws related to intelligence programs.

CBO was unable to obtain the necessary information to estimate the costs for the entire act because certain parts are classified. The unclassified portion of the act would affect direct spending and revenues; although CBO estimates these effects would be insignificant for each year.

Section 201 would authorize $226 million for CIARDS to cover retirement costs attributable to military service and various unfunded liabilities. The payment to CIARDS is considered mandatory, and the authorization under this act would be the same as assumed in the CBO baseline. Thus, this estimate does not ascribe any additional cost to that provision.

Section 315 would extend by one year the National Commission for Review of Research and Development Programs of the U.S. Intelligence Community to continue its review of the status of research and development programs and activities within the intelligence community and report on its findings. The provision also would extend the commission's authority to accept and spend gifts. CBO estimates that this provision would have no net budgetary effect because it would allow the commission to spend any gifts that it collects. (Gifts and donations are recorded in the budget as revenues.)

Section 504 would establish an advisory panel to review and make recommendations on measurement and signatures intelligence programs. Under this provision, the Director of the Defense Intelligence Agency would be allowed to accept contributions to defray the expenses of the advisory panel. CBO estimates any contributions received under this section would be insignificant.

CBO transmitted cost estimates for three previous versions of the Intelligence Authorization Act for Fiscal Year 2004. On June 16, 2003, CBO transmitted a cost estimate for the unclassified sections of H.R. 2417 as ordered reported by the House Permanent Select Committee on Intelligence on June 12, 2003. CBO also transmitted cost estimates for two versions of S. 1025 (an identically titled bill): the first on May 15, 2003, as reported by the Senate Select Committee on Intelligence on May 8, 2003; and the second on July 3, 2003, as reported by the Senate Committee on Armed Services on June 26, 2003. CBO estimated that all of these versions of the legislation would have insignificant effects on revenues and direct spending.

The CBO staff contact is Matthew Schmit. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

JohnBT
December 28, 2003, 07:57 PM
Secret? What secret? Try Google. JT

www.globalsecurity.org/intell/library/congress/2003_rpt/hr2417.htm
_______________________________

H.R.2417
Intelligence Authorization Act for Fiscal Year 2004 (Reported in House)

--------------------------------------------------------------------------------

HR 2417 RH


Union Calendar No. 80

108th CONGRESS

1st Session

H. R. 2417

[Report No. 108-163]
To authorize appropriations for fiscal year 2004 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

June 11, 2003
Mr. GOSS introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select)


June 18, 2003
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


[For text of introduced bill, see copy of bill as introduced on June 11, 2003]


--------------------------------------------------------------------------------


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


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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

Sec. 1. Short title; table of contents.

TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Intelligence Community Management Account.

Sec. 105. Intelligence elements of the Department of the Treasury.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III--GENERAL PROVISIONS

Subtitle A--Recurring General Provisions

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Subtitle B--Intelligence

Sec. 311. Modification of notice and wait requirements on projects to construct or improve intelligence community facilities.

Subtitle C--Counterintelligence

Sec. 321. Counterintelligence initiatives for the intelligence community.

Subtitle D--Other Matters

Sec. 331. Extension of suspension of reorganization of Diplomatic Telecommunications Service Program Office.

Sec. 332. Modifications of authorities on explosive materials.

Sec. 333. Modification of prohibition on the naturalization of certain persons.

Sec. 334. Modification to definition of financial institution in the Right to Financial Privacy Act.

Sec. 335. Procedural requirements for Central Intelligence Agency relating to products of Federal prison industries.

Sec. 336. Improvement of information sharing among federal, State, and local government officials.

Subtitle E--Reports and Technical Amendments

Sec. 341. Extension of deadline for final report of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community.

Sec. 342. Modification of various reports required of intelligence community elements.

Sec. 343. Technical amendments.

Sec. 344. Report on lessons learned from military operations in Iraq.

TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Protection from tort liability for certain Central Intelligence Agency personnel.

Sec. 402. Repeal of limitation on use of funds in Central Services Working Capital Fund.

TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

Sec. 501. Use of funds for counterdrug and counterterrorism activities for Colombia.

Sec. 502. Authority to provide living quarters for certain students in cooperative and summer education programs of the National Security Agency.

Sec. 503. Authority for intelligence community elements of Department of Defense to award personal service contracts.

Sec. 504. Protection of certain National Security Agency personnel from tort liability.

Sec. 505. Measurement and signatures intelligence program.

TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2004 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

(5) The National Reconnaissance Office.

(6) The National Imagery and Mapping Agency.

(7) The Department of the Army, the Department of the Navy, and the Department of the Air Force.

(8) The Department of State.

(9) The Department of the Treasury.

(10) The Department of Energy.

(11) The Department of Justice.

(12) The Federal Bureau of Investigation.

(13) The Department of Homeland Security.

(14) The Coast Guard.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS- The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 2004, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. 2417 of the One Hundred Eighth Congress.

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS- The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the executive branch.


SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR ADJUSTMENTS- With the approval of the Director of the Office of Management and Budget, the Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2004 under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 2 percent of the number of civilian personnel authorized under such section for such element.

(b) NOTICE TO INTELLIGENCE COMMITTEES- The Director of Central Intelligence shall notify promptly the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever the Director exercises the authority granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for the Intelligence Community Management Account of the Director of Central Intelligence for fiscal year 2004 the sum of $192,640,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for the Advanced Research and Development Committee shall remain available until September 30, 2005.

(b) AUTHORIZED PERSONNEL LEVELS- The elements within the Intelligence Community Management Account of the Director of Central Intelligence are authorized 320 full-time personnel as of September 30, 2004. Personnel serving in such elements may be permanent employees of the Intelligence Community Management Account or personnel detailed from other elements of the United States Government.

(c) CLASSIFIED AUTHORIZATIONS-

(1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2004 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts shall remain available until September 30, 2004.

(2) AUTHORIZATION OF PERSONNEL- In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2004, there are hereby authorized such additional personnel for such elements as of that date as are specified in the classified Schedule of Authorizations.

(d) REIMBURSEMENT- Except as provided in section 113 of the National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2004 any officer or employee of the United States or a member of the Armed Forces who is detailed to the staff of the Intelligence Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.

(e) NATIONAL DRUG INTELLIGENCE CENTER-

(1) IN GENERAL- Of the amount authorized to be appropriated in subsection (a), $34,248,000 shall be available for the National Drug Intelligence Center. Within such amount, funds provided for research, development, testing, and evaluation purposes shall remain available until September 30, 2005, and funds provided for procurement purposes shall remain available until September 30, 2006.

(2) TRANSFER OF FUNDS- The Director of Central Intelligence shall transfer to the Attorney General funds available for the National Drug Intelligence Center under paragraph (1). The Attorney General shall utilize funds so transferred for the activities of the National Drug Intelligence Center.

(3) LIMITATION- Amounts available for the National Drug Intelligence Center may not be used in contravention of the provisions of section 103(d)(1) of the National Security Act of 1947 (50 U.S.C. 403-3(d)(1)).

(4) AUTHORITY- Notwithstanding any other provision of law, the Attorney General shall retain full authority over the operations of the National Drug Intelligence Center.

SEC. 105. INTELLIGENCE ELEMENTS OF THE DEPARTMENT OF THE TREASURY.

(a) IN GENERAL- (1) Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:

`BUREAU OF INTELLIGENCE AND ENFORCEMENT OF THE DEPARTMENT OF THE TREASURY

`SEC. 119. (a) IN GENERAL- There is within the Department of the Treasury a Bureau of Intelligence and Enforcement headed by an Assistant Secretary for Intelligence and Enforcement, who shall be appointed by the President, by and with the advice and consent of the Senate.

`(b) RESPONSIBILITIES- (1) The Assistant Secretary for Intelligence and Enforcement shall oversee and coordinate functions of the Bureau of Intelligence and Enforcement.

`(2) The Assistant Secretary shall report directly to the Secretary of the Treasury.

`(c) COMPOSITION OF BUREAU- The Bureau of Intelligence and Enforcement shall consist of the following offices:

`(1) The Office of Intelligence Support.

`(2) The Office of Foreign Assets Control.

`(3) The Financial Crimes Enforcement Network.

`(4) Such other offices as the Assistant Secretary may establish.'.

(2) The table of contents contained in the first section of such Act is amended by inserting after the item relating to section 118 the following new item:

`Sec. 119. Bureau of Intelligence and Enforcement of the Department of the Treasury.'.

(b) CONSULTATION WITH DCI IN APPOINTMENT OF ASSISTANT SECRETARY FOR INTELLIGENCE AND ENFORCEMENT- Section 106(b)(2) of such Act (50 U.S.C. 403-6(b)(2)) is amended by adding at the end the following new subparagraph:

`(E) The Assistant Secretary for Intelligence and Enforcement.'.

(c) CONFORMING AMENDMENTS- (1) Section 3(4) of such Act (50 U.S.C. 401a(4)) is amended--

(A) by striking `the Department of the Treasury,' in subparagraph (H);

(B) by striking `and' at the end of subparagraph (J);

(C) by redesignating subparagraph (K) as subparagraph (L); and

(D) by inserting after subparagraph (J) the following new subparagraph:

`(K) the Bureau of Intelligence and Enforcement of the Department of the Treasury; and'.

(2) Section 5315 of title 5, United States Code, is amended in the item relating to Assistant Secretaries of the Treasury by striking `(7)' and inserting `(8)'.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2004 the sum of $226,400,000.

TITLE III--GENERAL PROVISIONS

Subtitle A--Recurring General Provisions

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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 under the Constitution or authorized pursuant to the laws of the United States.

Subtitle B--Intelligence

SEC. 311. MODIFICATION OF NOTICE AND WAIT REQUIREMENTS ON PROJECTS TO CONSTRUCT OR IMPROVE INTELLIGENCE COMMUNITY FACILITIES.

(a) INCREASE OF THRESHOLDS FOR NOTICE- Section 602(a) of the Intelligence Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat. 3432; 50 U.S.C. 403-2b(a)) is amended--

(1) by striking `$750,000' each place it appears and inserting `$5,000,000';

(2) by striking `$500,000' each place it appears and inserting `$1,000,000'; and

(3) in paragraph (2), as amended by paragraph (2) of this subsection, by inserting after `$1,000,000' the second place it appears, the following: `but less than $5,000,000'.

(b) NOTICE AND WAIT REQUIREMENTS FOR EMERGENCY PROJECTS- Section 602(b)(2) of the Intelligence Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat. 3432; 50 U.S.C. 403-2b(b)(2)) is amended--

(1) in the third sentence, by striking `21-day' and inserting `7-day'; and,

(2) by adding at the end the following new sentence: `Notwithstanding the preceding provisions of this paragraph, when the Director of Central Intelligence and Secretary of Defense jointly determine that an emergency relating to the national security or to the protection of health, safety, or environmental quality exists and that delay would irreparably harm any or all of those interests, the project may begin on the date the notification is received by such committees.'.

Subtitle C--Counterintelligence

SEC. 321. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE COMMUNITY.

(a) IN GENERAL- (1) Title XI of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the following new section:

`COUNTERINTELLIGENCE INITIATIVES

`SEC. 1102. (a) INSPECTION PROCESS- (1) In order to protect intelligence sources and methods from unauthorized disclosure, the Director of Central Intelligence shall establish and implement an inspection process for all agencies and departments of the United States that handle classified information relating to the national security of the United States intended to assure that those agencies and departments maintain effective operational security practices and programs directed against counterintelligence activities.

`(2) The Director shall carry out the process through the Office of the National Counterintelligence Executive.

`(b) FBI COUNTERINTELLIGENCE OFFICE- The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall establish an Office of Counterintelligence within the Bureau to investigate potential espionage activities within the Bureau.

`(c) ANNUAL REVIEW OF DISSEMINATION LISTS- (1) The Director of Central Intelligence shall establish and implement a process for all elements of the intelligence community (as defined in section 101(4)) to review, on an annual basis, individuals included on distribution lists for access to classified information. Such process shall ensure that only individuals who have a particularized `need to know' (as determined by the Director) are continued on such distribution lists.

`(2) Not later than October 15 of each year, the Director shall certify to the congressional intelligence committees that the review required under paragraph (1) has been conducted in all elements of the intelligence community during the preceding fiscal year.

`(d) REQUIRED COMPLETION OF FINANCIAL DISCLOSURE STATEMENTS- (1) The Director of Central Intelligence shall establish and implement a process by which heads of the elements of the intelligence community (as defined in section 101(4)) direct that all employees, in order to be granted access to classified information, submit financial disclosure forms required under section 1.3(b) of Executive Order No. 12969 (August 2, 1995; 60 F.R. 40245; 50 U.S.C. 435 note).

`(2) The Director shall carry out paragraph (1) through the Office of the National Counterintelligence Executive.

`(e) ARRANGEMENTS TO HANDLE SENSITIVE INFORMATION- The Director of Central Intelligence shall establish, for all elements of the intelligence community (as defined in section 101(4)), programs and procedures by which sensitive classified information relating to human intelligence is safeguarded against unauthorized disclosure by employees of those elements.'.

(2) The table of contents contained in the first section of such Act is amended in the items relating to title XI by adding at the end the following new item:

`Sec. 1102. Counterintelligence initiatives.'.

(b) INTELLIGENCE AND NATIONAL SECURITY ASPECTS OF ESPIONAGE PROSECUTIONS- The Attorney General, acting through the Office of Intelligence Policy and Review of the Department of Justice, in consultation with the Office of the National Counterintelligence Executive, shall establish policies and procedures to assist the Attorney General in the Attorney General's consideration of intelligence and
national security equities in the development of charging documents and related pleadings in espionage prosecutions.
_____________

(I cut out approx. half, 30k characters or so, to conform to THR posting limits. See link at top for the whole thing.)
_____________


108th CONGRESS

1st Session

H. R. 2417

[Report No. 108-163]

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



--------------------------------------------------------------------------------


June 18, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed.

If you enjoyed reading about "While Saddam was Captured: Stealth enactment of the "Patriot II" legislation" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!