H. R. 2417—17
of the project in meeting the goals of promoting equality of
employment opportunities in the intelligence community for
women, minorities, and individuals with diverse ethnic and
cultural backgrounds, skills, language proficiency, and exper-
tise.
(f) DIVERSITY PLAN.—(1) Not later than February 15, 2004,
the Director of Central Intelligence shall submit to Congress a
report which describes the plan of the Director, entitled the ‘‘DCI
Diversity Strategic Plan’’, and any subsequent revision to that
plan, to increase diversity of officers and employees in the intel-
ligence community, including the short- and long-term goals of
the plan. The report shall also provide a detailed description of
the progress that has been made by each element of the intelligence
community in implementing the plan.
(2) In implementing the plan, the Director shall incorporate
innovative methods for recruitment and hiring that the Director
has determined to be effective from the pilot project carried out
under this section.
(g) INTELLIGENCE COMMUNITY DEFINED.—In this section, the
term ‘‘intelligence community’’ has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401(4)).
SEC. 320. SENSE OF CONGRESS ON RECRUITMENT AS INTELLIGENCE
COMMUNITY PERSONNEL OF MEMBERS OF THE ARMED
FORCES ON THEIR DISCHARGE OR RELEASE FROM DUTY.
It is the sense of Congress that the elements of the intelligence
community should, in the course of their civilian recruitment efforts
in the United States, endeavor to recruit as personnel of the intel-
ligence community citizens and, as appropriate, nationals of the
United States who are members of the Armed Forces who partici-
pated in Operation Enduring Freedom, Operation Iraqi Freedom,
and other campaigns undertaken abroad upon the separation, dis-
charge, or release of such individuals from the Armed Forces.
SEC. 321. EXTERNAL COLLECTION CAPABILITIES AND REQUIREMENTS
REVIEW PANEL.
The President may establish an External Collection Capabilities
and Requirements Review Panel as specified in the classified annex
to this Act.
Subtitle C—Counterintelligence
SEC. 341. COUNTERINTELLIGENCE INITIATIVES FOR THE INTEL-
LIGENCE 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
H. R. 2417—18
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) ANNUAL
REVIEW
OF
DISSEMINATION
LISTS.—(1) The
Director of Central Intelligence shall establish and implement a
process for all elements of the intelligence community 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 deter-
mined 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.
‘‘(c) COMPLETION
OF
FINANCIAL
DISCLOSURE
STATEMENTS
REQUIRED FOR ACCESS TO CERTAIN CLASSIFIED INFORMATION.—(1)
The Director of Central Intelligence shall establish and implement
a process by which each head of an element of the intelligence
community directs that all employees of that element, in order
to be granted access to classified information referred to in sub-
section (a) of section 1.3 of Executive Order No. 12968 (August
2, 1995; 60 Fed. Reg. 40245; 50 U.S.C. 435 note), submit financial
disclosure forms as required under subsection (b) of such section.
‘‘(2) The Director shall carry out paragraph (1) through the
Office of the National Counterintelligence Executive.
‘‘(d) ARRANGEMENTS TO HANDLE SENSITIVE INFORMATION.—The
Director of Central Intelligence shall establish, for all elements
of the intelligence community, 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 ESPIO-
NAGE PROSECUTIONS.—The Attorney General, acting through the
Office of Intelligence Policy and Review of the Department of Jus-
tice, and in consultation with the Director of Central Intelligence,
acting through the Office of the National Counterintelligence Execu-
tive, shall establish policies and procedures to assist the Attorney
General 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. REPORT ON CLEARED INSIDER THREAT TO CLASSIFIED COM-
PUTER NETWORKS.
(a) REPORT REQUIRED.—The Director of Central Intelligence
and the Secretary of Defense shall jointly submit to the appropriate
committees of Congress a report on the risks to the national security
of the United States of the current computer security practices
H. R. 2417—19
of the elements of the intelligence community and of the Depart-
ment of Defense.
(b) ASSESSMENTS.—The report under subsection (a) shall
include an assessment of the following:
(1) The vulnerability of the computers and computer sys-
tems of the elements of the intelligence community, and of
the Department of Defense, to various threats from foreign
governments, international terrorist organizations, and orga-
nized crime, including information warfare (IW), Information
Operations (IO), Computer Network Exploitation (CNE), and
Computer Network Attack (CNA).
(2) The risks of providing users of local area networks
(LANs) or wide-area networks (WANs) of computers that
include classified information with capabilities for electronic
mail, upload and download, or removable storage media without
also deploying comprehensive computer firewalls, accountability
procedures, or other appropriate security controls.
(3) Any other matters that the Director and the Secretary
jointly consider appropriate for purposes of the report.
(c) INFORMATION ON ACCESS TO NETWORKS.—The report under
subsection (a) shall also include information as follows:
(1) An estimate of the number of access points on each
classified computer or computer system of an element of the
intelligence community or the Department of Defense that
permit unsupervised uploading or downloading of classified
information, set forth by level of classification.
(2) An estimate of the number of individuals utilizing such
computers or computer systems who have access to input-output
devices on such computers or computer systems.
(3) A description of the policies and procedures governing
the security of the access points referred to in paragraph (1),
and an assessment of the adequacy of such policies and proce-
dures.
(4) An assessment of the viability of utilizing other tech-
nologies (including so-called ‘‘thin client servers’’) to achieve
enhanced security of such computers and computer systems
through more rigorous control of access to such computers
and computer systems.
(d) RECOMMENDATIONS.—The report under subsection (a) shall
also include such recommendations for modifications or improve-
ments of the current computer security practices of the elements
of the intelligence community, and of the Department of Defense,
as the Director and the Secretary jointly consider appropriate as
a result of the assessments under subsection (b) and the information
under subsection (c).
(e) SUBMITTAL DATE.—The report under subsection (a) shall
be submitted not later than February 15, 2004.
(f) FORM.—The report under subsection (a) may be submitted
in classified or unclassified form, at the election of the Director.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the Select Committee on Intelligence and the Com-
mittee on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on Armed Services of the House of
Representatives.
H. R. 2417—20
(2) The term ‘‘elements of the intelligence community’’
means the elements of the intelligence community set forth
in or designated under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
SEC. 352. REPORT ON SECURITY BACKGROUND INVESTIGATIONS AND
SECURITY CLEARANCE PROCEDURES OF THE FEDERAL
GOVERNMENT.
(a) REPORT REQUIRED.—The Director of Central Intelligence,
the Secretary of Defense, the Attorney General, the Director of
the Office of Personnel Management, and the heads of other appro-
priate Federal departments and agencies (as determined by the
President) shall jointly submit to the appropriate committees of
Congress a report on the utility and effectiveness of the current
security background investigations and security clearance proce-
dures of the Federal Government in meeting the purposes of such
investigations and procedures.
(b) PARTICULAR REPORT MATTERS.—The report shall address
in particular the following:
(1) A comparison of the costs and benefits of conducting
background investigations for Secret clearance with the costs
and benefits of conducting full field background investigations.
(2) The standards governing the revocation of security
clearances.
(c) RECOMMENDATIONS.—The report under subsection (a) shall
include such recommendations for modifications or improvements
of the current security background investigations or security clear-
ance procedures of the Federal Government as are considered appro-
priate as a result of the preparation of the report under that
subsection.
(d) SUBMITTAL DATE.—The report under subsection (a) shall
be submitted not later than February 15, 2004.
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Select Committee on Intelligence and the Commit-
tees on Armed Services and the Judiciary of the Senate; and
(2) the Permanent Select Committee on Intelligence and
the Committees on Armed Services and the Judiciary of the
House of Representatives.
SEC. 353. REPORT ON DETAIL OF CIVILIAN INTELLIGENCE PERSONNEL
AMONG ELEMENTS OF THE INTELLIGENCE COMMUNITY
AND THE DEPARTMENT OF DEFENSE.
(a) REPORT REQUIRED.—The Director of Central Intelligence
shall, in consultation with the heads of the elements of the intel-
ligence community, submit to the appropriate committees of Con-
gress a report on means of improving the detail or transfer of
civilian intelligence personnel between and among the various ele-
ments of the intelligence community for the purpose of enhancing
the flexibility and effectiveness of the intelligence community in
responding to changes in requirements for the collection, analysis,
and dissemination of intelligence.
(b) REPORT ELEMENTS.—The report under subsection (a) shall—
(1) set forth a variety of proposals on means of improving
the detail or transfer of civilian intelligence personnel as
described in that subsection;