Intelligence Authorization Agreement of 2004

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The Intelligence Authorization Agreement of 2004, officially known as the 'Intelligence Authorization Act for Fiscal Year 2004', was signed into law by President George W. Bush on December 13, 2003, as Public Law No: 108-177.

"The specific provision that is the focus of concern is Sec. 374, Modification to Definition of Financial Institution in Right to Financial Privacy Act. The definition now mirrors that of Title 31, Subtitle IV, Chapter 53, Subchapter II, Sec. 5312, USC, thereby expanding the range of organizations from whom financial data may be obtained to include the United States Postal Service, casinos and gaming establishments, ISPs, travel agencies, pawnbrokers, insurance companies, auto dealers, airplane and boat sales, real estate agents and brokers, and 'any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.'"

On December 22, 2003, Alex Jones' published the following article: "While Saddam was Captured: Stealth enactment of the 'Patriot Act II' legislation." The same article was posted on a number of web sites, including Michigan Indymedia, as well as comments and analysis from wired news, which posts additional Congressional documents.

  • "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 Authorizatin Agreement of 2004.
  • H.R. 2417, Intelligence Authorization Agreement of 2004 (51-page pdf): "AN ACT 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." "SHORT TITLE.--This Act may be cited as the 'Intelligence Authorization Act for Fiscal Year 2004'."

June 2003

H.R. 2417.

  • Title: 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.
  • Related Bills:
  • H.RES.295 (Introduced by Rep. Sue Myrick [NC-9] 6/24/03; Passed/agreed to in House 6/25/03).
  • H.RES.451 (Introduced by Rep. Goss 11/19/03; Passed/agreed to in House 11/20/03).
  • S.1025 (Introduced by Senator Pat Roberts [KS] 5/8/03; 7/31/03 Senate floor actions. Status: Returned to the Calendar. Calendar No. 172.).
  • Latest Major Action: 12/13/2003 Became Public Law No: 108-177.
  • "The Administration would strenuously object if certain high priority transformational development programs affecting the IC's future collection and research and development strategies, are not authorized as requested.
"The Administration appreciates the Committee's support for our initiatives to improve our nation's intelligence capabilities, and believes that section 336, regarding improved information sharing among federal, State, and local government officials, addresses significant and important issues. However, the Administration has concerns with this and other sections of the bill (such as section 321) which seek to direct specific roles and responsibilities to be carried out by particular components of the Executive Branch. They could impinge on the President's constitutional authority to determine how Executive Branch agencies should be organized to carry out national defense and anti-terrorism activities."
  • Roll Call Vote, Intelligence budget, Concord Monitor (NH), June 29, 2003: "By a vote of 410 for and nine against, the House sent the Senate a fiscal 2004 budget (HR 2417) for the web of U.S. intelligence agencies. The classified budget is reported to be at least $35 billion. The bill funds more than a dozen agencies, among them the CIA, National Security Agency, Defense Intelligence Agency, National Reconnaissance Organization and National Imagery and Mapping Agency. In part, the bill emphasizes greater reliance on human intelligence; upgrades digital communication between the CIA and FBI; provides certain personnel with limited immunity against law suits; establishes a Treasury Department unit to track terrorist financing, and steps up U.S. intelligence support of Colombia's efforts to combat drug trafficking and terrorism."

November 2003

"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."
  • Congressional Record: November 22, 2003 (Extensions) (Page E2399), H.R. 2417, Intelligence Authorization Agreement, Speech (in opposition to the bill) of Hon. Mark Udall of Colorado in the House of Representatives, November 20, 2003: "I have concerns about a provision in the conference report that would expand financial surveillance authority of our intelligence agencies. I also had concerns about this provision in the first version of the bill that passed the House, but I supported the bill then in the hope that the language would be further clarified in the final conference report. It has not been. ... Mr. Speaker, this provision in the conference report involves the privacy rights of Americans--rights that I believe strongly we must protect even as we work to combat terrorism. Because I'm concerned that this conference report does not strike the right balance, I am voting against it today."
  • Congressional Record: December 9, 2003 (Extensions) (Page E2491), Conference Report on H.R. 2417, Intelligence Authorization Act for Fiscal Year 2004, Speech of Hon. Dennis Moore of Kansas, in the House of Representatives, November 20, 2003: "While this new provision of law included in the conference report does not amend the PATRIOT Act, I agree with the six Senators who recently wrote to the Senate Intelligence Committee and asked them not to move ahead with such a significant expansion of the FBI's investigatory powers without further review. As they stated, public hearings, public debate and legislative protocol are essential in legislation involving the privacy rights of Americans. As a member of the House Financial Services Committee, I am concerned that these new provisions of law could be used to seize personal financial records that traditionally have been protected by financial privacy laws. The rush to judgment following the attacks of September 11, 2001, led to the rapid enactment of the PATRIOT Act, a measure which has caused substantial concerns among many Americans who value our constitutionally-protected liberties. Now that we are able to legislate in this area with a lessened sense of urgency, I urge my colleagues to step back and return this provision of H.R. 2417 to committee, where it can undergo the rigors of the normal legislative process so that Congress, and all Americans, can pass an informed judgment upon its merit."
  • Spy Budget, Centre Daily Times, November 24, 2003: "Members approved, 264-163, the conference report on a fiscal 2004 intelligence budget reported unofficially at about $40 billion. The bill broadens federal power to obtain data without a court order from firms suspected of terrorist links. A yes vote backed HR 2417."
"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."

December 2003

  • Whitehouse Statement on HR 2417 (December 13, 2003): "On Saturday, December 13, 2003, the President signed into law: H.R. 2417, the 'Intelligence Authorization Act for Fiscal Year 2004,' which authorizes FY 2004 appropriations for U.S. intelligence-related activities; and amends various intelligence-related authorities."

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