12 May 2003

SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2003, Issue No. 40
May 12, 2003

SSCI REPORT ON INTELLIGENCE AUTHORIZATION

The Senate Select Committee on Intelligence (SSCI) had a little to say about a lot of things in its new report on the intelligence authorization act for fiscal year 2004, published late last week.

The Committee recalled its futile effort to criminalize all "leaks" of classified information (a measure fiercely opposed by civil liberties and media organizations and vetoed by President Clinton in 2000) and asked the Administration to revisit the issue yet again:

"Understanding that such a broad [anti-leak statute] measure still appears to lack political support... the Committee wishes to encourage the Executive Branch to adopt a new and more aggressive approach to leak issues.  The Committee recommends that the U.S. Government consider the workability of aggressive criminal and civil enforcement, even civil compensatory remedies (e.g., liquidated damages)."

The SSCI report authorizes funds for research "leading to the development of alternatives to the polygraph as a security evaluation tool for the U.S. Government."

The Committee requests reports on intelligence community data mining capabilities, security clearance procedures, and intelligence lessons learned from the war in Iraq.

The report asks the executive branch to review the executive order on classification policy and to consider potential changes to the order "to facilitate information sharing and data access across the Intelligence Community."

The Committee directs the National Security Agency to develop a pilot program that would permit analysts in other intelligence agencies "to obtain access to and analyze data collected and held by NSA, while retaining appropriate handling safeguards."

And the Committee incorporates the proposed Freedom of Information Act exemption for "operational files" of the National Security Agency, a proposal that also appears in the pending Defense Authorization Act.

These and many other notable provisions can be found in the SSCI Report on the Intelligence Authorization Act for FY 2004, Senate Report 108-44, dated May 8, here:

http://www.fas.org/irp/congress/2003_rpt/srpt108-44.html

The Intelligence Authorization Act (S. 1025) itself, as marked up by the Committee, may be found here:

http://www.fas.org/irp/congress/2003_cr/s1025.html

5 May 2003
Source: http://intelligence.senate.gov/030501.htm

In contrast to previous intelligence funding bills through FY 2003 which are publicly available (excluding funding amounts), this intelligence authorization bill for FY 2004 appears to have been classified in its entirety. This bill, its introduction in the Senate and House and debate on it cannot be found on Thomas or the Government Printing Office website. Nor is there information on how and when Congress decided to classify the entire bill. A copy of the bill or pointers to congressional action is invited. Send to jya@pipeline.com

WASHINGTON, D.C. - The Senate Select Committee on Intelligence unanimously approved the Intelligence Authorization Bill for Fiscal Year 2004. The bill authorizes funding for programs and activities of the U.S. Intelligence Community. The legislation authorizes funds for the Central Intelligence Agency, the National Reconnaissance Office, the National Security Agency, the National Imagery and Mapping Agency, the Defense Intelligence Agency, and other Intelligence Community entities.

In its provisions, the bill addresses policy and resource constraints that limit information sharing and intelligence analysis. The need to improve government information sharing was one of the principal findings of the Joint Inquiry into the events leading up to the terrorist attacks of September 11th. It also lays the basis for more fundamental reforms by requiring the Executive Branch to review and report to Congress on issues such as the need to revise Executive Orders and security policies consistent with improved information sharing in the computer age. Other provisions assist the Director of Central Intelligence by providing additional management flexibility for personnel and construction issues and by eliminating a number of recurring and burdensome Congressionally directed reports.

Specifically, the bill provides the funding necessary to establish a single government-wide terrorist watch list. It also provides increased funding to standardize databases to facilitate access to information.

In order to achieve all source fusion of data, the bill requires the Director of Central Intelligence to conduct a pilot program to determine the feasibility and advisability of permitting intelligence analysts access to raw intelligence from the databases of other elements of the community.

It relieves the Director of Central Intelligence of notification obligations for certain construction projects. The Director asked for these authorities to expedite construction projects which might be necessary to protect U.S. interests.

The bill authorizes $8 million to the Community Management Staff to establish an ROTC like program to encourage college students to pursue careers as intelligence analysts.

The bill permits Defense Department intelligence agencies to award personal services contracts to acquire, on short notice, critically needed personnel such as linguists and weapons of mass destruction experts.

The bill also requires a report on intelligence lessons learned in Iraq.

Senator Pat Roberts (R-Kan.), the Committee Chairman, stated, "I am pleased that Committee members of both parties supported this bill. This nation has been and remains at war and I believe that this bill reflects that reality. We have tried to correct some problems without unduly interfering with the Intelligence Community's ability to prosecute the war in Iraq or the war on terrorism. I am especially pleased that in our provisions and funding priorities the Committee has emphasized information sharing and the restoration of the Community's analytical capability. One thing which was clear from last year's Joint Inquiry into the intelligence breakdown prior September 11th is that collected intelligence is only as good as this nation's ability to properly analyze, fuse and disseminate it. We are better than we were on 9/11, but we still have a long way to go. I think this bill moves the intelligence community in the right direction."

Senator Jay Rockefeller, (D-WVa.), the Committee Vice Chairman, stated, "This legislation is a bipartisan effort to support the needs of the Intelligence Community, while pressing it to move forward on important reforms. My goal with this bill is to take the first step in improving information sharing, collaboration, and domestic intelligence. And, through funding, oversight, and language in the bill, I believe this goal was achieved."