S 2386 PCS
Calendar No. 499 108th CONGRESS 2d Session S. 2386
To authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. IN THE SENATE OF THE UNITED STATES
May 5, 2004 Mr. ROBERTS, from the Select Committee on Intelligence, reported the following original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government, the Intelligence 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 2005'.
(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. Incorporation of reporting requirements.
Sec. 106. Specific authorization of funds for intelligence or intelligence-related activities for which fiscal year 2004 appropriations exceed amounts authorized.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Modification of authority to obligate and expend certain funds for intelligence activities.
Sec. 304. Treatment as agent of a foreign power under the Foreign Intelligence Surveillance Act of 1978 of non-United States persons who engage in international terrorism without affiliation with international terrorist groups.
Sec. 305. Additional annual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.
Sec. 306. Repeal of limitation on length of service as member of the Select Committee on Intelligence of the Senate.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Permanent extension of Central Intelligence Agency voluntary separation incentive program.
Sec. 402. Intelligence operations and cover enhancement authority.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. Repeal of sunset on authority to engage in commercial activities as security for intelligence collection activities.
Sec. 502. Defense intelligence exemption from certain Privacy Act requirements.
Sec. 503. Use of funds for counterdrug and counterterrorism activities for Colombia.
TITLE I--INTELLIGENCE ACTIVITIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2005 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 Department of the Army, the Department of the Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Department of Justice.
(10) The Federal Bureau of Investigation.
(11) The National Reconnaissance Office.
(12) The National Geospatial-Intelligence Agency.
(13) The Coast Guard.
(14) The Department of Homeland Security.
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, 2005, 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 conference report on the bill XX 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 2005 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 promptly notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives 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 2005 the sum of $342,995,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2006.
(b) AUTHORIZED PERSONNEL LEVELS- The elements within the Intelligence Community Management Account of the Director of Central Intelligence are authorized 310 full-time personnel as of September 30, 2005. 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 2005 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for research and development shall remain available until September 30, 2006.
(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, 2005, there are also 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 2005 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), $34,911,000 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, 2006, and funds provided for procurement purposes shall remain available until September 30, 2007.
(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. INCORPORATION OF REPORTING REQUIREMENTS.
(a) IN GENERAL- Each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement to accompany the conference report on the bill XX of the One Hundred Eighth Congress, or in the classified annex to this Act, is hereby incorporated into this Act, and is hereby made a requirement in law.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- In this section, the term `congressional intelligence committees' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 106. SPECIFIC AUTHORIZATION OF FUNDS FOR INTELLIGENCE OR INTELLIGENCE-RELATED ACTIVITIES FOR WHICH FISCAL YEAR 2004 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related activity of the United States Government for fiscal year 2004 in excess of the amount specified for such activity in the classified Schedule of Authorizations prepared to accompany the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2599) shall be deemed to be specifically authorized by Congress for purposes of section 504(a)(3) of the National Security Act of 1947 (50 U.S.C. 414(a)(3)).
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 2005 the sum of $239,400,000.
TITLE III--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 authorized by the Constitution or the laws of the United States.
SEC. 303. MODIFICATION OF AUTHORITY TO OBLIGATE AND EXPEND CERTAIN FUNDS FOR INTELLIGENCE ACTIVITIES.
Section 504(a)(3) of the National Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended--
(1) in subparagraph (A), by inserting `and' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
SEC. 304. TREATMENT AS AGENT OF A FOREIGN POWER UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 OF NON-UNITED STATES PERSONS WHO ENGAGE IN INTERNATIONAL TERRORISM WITHOUT AFFILIATION WITH INTERNATIONAL TERRORIST GROUPS.
(a) IN GENERAL- Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the following new subparagraph:
`(C) engages in international terrorism or activities in preparation therefor; or'.
(b) SUNSET- The amendment made by subsection (a) shall be subject to the sunset provision in section 224 of the USA PATRIOT Act of 2001 (Public Law 107-56; 115 Stat. 295), including the exception provided in subsection (b) of such section 224.
SEC. 305. ADDITIONAL ANNUAL REPORTING REQUIREMENTS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) ADDITIONAL REPORTING REQUIREMENTS- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(1) by redesignating title VI as title VII;
(2) by redesignating section 601 as section 701; and
(3) by inserting after title V the following new title VI:
`TITLE VI--REPORTING REQUIREMENT
`ANNUAL REPORT OF THE ATTORNEY GENERAL
`SEC. 601. (a) In addition to the reports required by sections 107, 108, 306, 406, and 502 in April each year, the Attorney General shall submit to the appropriate committees of Congress each year a report setting forth with respect to the one-year period ending on the date of such report--
`(1) the aggregate number of non-United States persons targeted for orders issued under this Act, including a break-down of those targeted for--
`(A) electronic surveillance under section 105;
`(B) physical searches under section 304;
`(C) pen registers under section 402; and
`(D) access to records under section 501;
`(2) the number of individuals covered by an order issued under this Act who were determined pursuant to activities authorized by this Act to have acted wholly alone in the activities covered by such order;
`(3) the number of times that the Attorney General has authorized that information obtained under this Act may be used in a criminal proceeding or any information derived therefrom may be used in a criminal proceeding; and
`(4) in a manner consistent with the protection of the national security of the United States--
`(A) the portions of the documents and applications filed with the courts established under section 103 that include significant construction or interpretation of the provisions of this Act, not including the facts of any particular matter, which may be redacted; and
`(B) the portions of the opinions and orders of the courts established under section 103 that include significant construction or interpretation of the provisions of this Act, not including the facts of any particular matter, which may be redacted.
`(b) The first report under this section shall be submitted not later than six months after the date of the enactment of this Intelligence Authorization Act for Fiscal Year 2005. Subsequent reports under this section shall be submitted annually thereafter.
`(c) In this section, the term `appropriate committees of Congress' means--
`(1) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and
`(2) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.'.
(b) CLERICAL AMENDMENT- The table of contents for that Act is amended by striking the items relating to title VI and inserting the following new items:
`TITLE VI--REPORTING REQUIREMENT
`Sec. 601. Annual report of the Attorney General.
`TITLE VII--EFFECTIVE DATE
`Sec. 701. Effective date.'.
SEC. 306. REPEAL OF LIMITATION ON LENGTH OF SERVICE AS MEMBER OF THE SELECT COMMITTEE ON INTELLIGENCE OF THE SENATE.
(a) REPEAL- Section 2 of Senate Resolution 400 (94th Congress) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(b) RULES OF THE SENATE- Subsection (a) is enacted--
(1) as an exercise of the rulemaking power of the Senate; and
(2) with full recognition of the constitutional right of the Senate to change the rules of the Senate at any time and to the same extent as in the case of any other rule of the Senate.
TITLE IV--CENTRAL INTELLIGENCE AGENCY SEC. 401. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION INCENTIVE PROGRAM.
(a) IN GENERAL- Section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.
(b) TERMINATION OF FUNDS REMITTANCE REQUIREMENT- (1) Section 2 of such Act is further amended by striking subsection (i).
(2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note) is amended by striking `, or section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (Public Law 103-36; 107 Stat. 104)'.
SEC. 402. INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the following:
`INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY
`SEC. 23. (a) DEFINITIONS- In this section--
`(1) the term `designated employee' means an employee designated by the Director under subsection (b); and
`(2) the term `Federal retirement system' includes the Central Intelligence Agency Retirement and Disability System, and the Federal Employees Retirement System (including the Thrift Savings Plan).
`(b) IN GENERAL-
`(1) AUTHORITY- Notwithstanding any other provision of law, the Director may exercise the authorities under this section in order to--
`(A) protect from unauthorized disclosure--
`(i) intelligence operations;
`(ii) the identities of undercover intelligence officers;
`(iii) intelligence source and methods; or
`(iv) intelligence cover mechanisms; or
`(B) meet the special requirements of work related to collection of foreign intelligence or other authorized activities of the Agency.
`(2) DESIGNATION OF EMPLOYEES- The Director may designate any employee of the Agency who is under nonofficial cover to be an employee to whom this section applies. Such designation may be made with respect to any or all authorities exercised under this section.
`(c) COMPENSATION- The Director may pay a designated employee salary, allowances, and other benefits in an amount and in a manner consistent with the nonofficial cover of that employee, without regard to any limitation that is otherwise applicable to a Federal employee. A designated employee may accept, utilize, and, to the extent authorized by regulations prescribed under subsection (i), retain any salary, allowances, and other benefits provided under this section.
`(d) RETIREMENT BENEFITS-
`(1) IN GENERAL- The Director may establish and administer a nonofficial cover employee retirement system under which a designated employee (and the spouse, former spouses, and survivors of such designated employee) shall receive treatment in the same manner and to the same extent as the Federal retirement system that would otherwise apply to such employee (and the spouse, former spouses, and survivors of that employee). A designated employee may not participate in the retirement system established under this paragraph and another Federal retirement system at the same time.
`(2) CONVERSION TO OTHER FEDERAL RETIREMENT SYSTEM-
`(A) IN GENERAL- A designated employee participating in the retirement system established under paragraph (1) may convert to coverage under the Federal retirement system which would otherwise apply to that employee at any appropriate time determined by the Director (including at the time of separation of service by reason of retirement), if the Director determines that the employee's participation in the retirement system established under this subsection is no longer necessary to protect from unauthorized disclosure--
`(i) intelligence operations;
`(ii) the identities of undercover intelligence officers;
`(iii) intelligence sources and methods; or
`(iv) intelligence cover mechanisms.
`(B) CONVERSION TREATMENT- Upon a conversion under this paragraph--
`(i) all periods of service under the retirement system established under this subsection shall be deemed periods of creditable service under the applicable Federal retirement system;
`(ii) the Director shall transmit an amount for deposit in any applicable fund of that Federal retirement system that--
`(I) is necessary to cover all employee and agency contributions including--
`(II) ensures that such conversion does not result in any unfunded liability to that fund; and
`(aa) interest as determined by the head of the agency administering the Federal retirement system into which the employee is converting; or
`(bb) in the case of an employee converting into the Federal Employee's Retirement System, interest as determined under section 8334(e) of title 5, United States Code; and
`(iii) in the case of a designated employee who participated in a retirement system established under paragraph (1) similar to subchapter III of chapter 84 of title 5, United States Code, and is converting to coverage under subchapter III of that chapter, the Director shall transmit all amounts of that designated employee in that similar retirement system (or similar part of that retirement system) to the Thrift Savings Fund.
`(C) TRANSMITTED AMOUNTS-
`(i) IN GENERAL- Amounts described under subparagraph (B)(ii) shall be paid from the fund or appropriation used to pay the designated employee.
`(ii) OFFSET- The Director may use amounts contributed by the designated employee to a retirement system established under paragraph (1) to offset amounts paid under clause (i).
`(D) RECORDS- The Director shall transmit all necessary records relating to a designated employee who converts to a Federal retirement system under this paragraph (including records relating to periods of service which are deemed to be periods of creditable service under subparagraph (B)) to the head of the agency administering that Federal retirement system.
`(e) HEALTH INSURANCE BENEFITS-
`(1) IN GENERAL- The Director may establish and administer a nonofficial cover employee health insurance program under which a designated employee (and the family of such designated employee) shall receive treatment in the same manner and to the same extent as provided under chapter 89 of title 5, United States Code. A designated employee may not participate in the health insurance program established under this paragraph and the program under chapter 89 of title 5, United States Code, at the same time.
`(2) CONVERSION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM-
`(A) IN GENERAL- A designated employee participating in the health insurance program established under paragraph (1) may convert to coverage under the program under chapter 89 of title 5, United States Code, at any appropriate time determined by the Director (including at the time of separation of service by reason of retirement), if the Director determines that the employee's participation in the health insurance program established under this subsection is no longer necessary to protect from unauthorized disclosure--
`(i) intelligence operations;
`(ii) the identities of undercover intelligence officers;
`(iii) intelligence sources and methods; or
`(iv) intelligence cover mechanisms.
`(B) CONVERSION TREATMENT- Upon a conversion under this paragraph--
`(i) the employee (and family, if applicable) shall be entitled to immediate enrollment and coverage under chapter 89 of title 5, United States Code;
`(ii) any requirement of prior enrollment in a health benefits plan under chapter 89 of that title for continuation of coverage purposes shall not apply;
`(iii) the employee shall be deemed to have had coverage under chapter 89 of that title from the first opportunity to enroll for purposes of continuing coverage as an annuitant; and
`(iv) the Director shall transmit an amount for deposit in the Employees Health Benefits Fund that is necessary to cover any costs of such conversion.
`(C) TRANSMITTED AMOUNTS- Any amount described under subparagraph (B)(iv) shall be paid from the fund or appropriation used to pay the designated employee.
`(f) LIFE INSURANCE BENEFITS-
`(1) IN GENERAL- The Director may establish and administer a nonofficial cover employee life insurance program under which a designated employee (and the family of such designated employee) shall receive treatment in the same manner and to the same extent as provided under chapter 87 of title 5, United States Code. A designated employee may not participate in the life insurance program established under this paragraph and the program under chapter 87 of title 5, United States Code, at the same time.
`(2) CONVERSION TO FEDERAL EMPLOYEES GROUP LIFE INSURANCE PROGRAM-
`(A) IN GENERAL- A designated employee participating in the life insurance program established under paragraph (1) may convert to coverage under the program under chapter 87 of title 5, United States Code, at any appropriate time determined by the Director (including at the time of separation of service by reason of retirement), if the Director determines that the employee's participation in the life insurance program established under this subsection is no longer necessary to protect from unauthorized disclosure--
`(i) intelligence operations;
`(ii) the identities of undercover intelligence officers;
`(iii) intelligence sources and methods; or
`(iv) intelligence cover mechanisms.
`(B) CONVERSION TREATMENT- Upon a conversion under this paragraph--
`(i) the employee (and family, if applicable) shall be entitled to immediate coverage under chapter 87 of title 5, United States Code;
`(ii) any requirement of prior enrollment in a life insurance program under chapter 87 of that title for continuation of coverage purposes shall not apply;
`(iii) the employee shall be deemed to have had coverage under chapter 87 of that title for the full period of service during which the employee would have been entitled to be insured for purposes of continuing coverage as an annuitant; and
`(iv) the Director shall transmit an amount for deposit in the Employees Life Insurance Fund that is necessary to cover any costs of such conversion.
`(C) TRANSMITTED AMOUNTS- Any amount described under subparagraph (B)(iii) shall be paid from the fund or appropriation used to pay the designated employee.
`(g) EXEMPTION FROM CERTAIN REQUIREMENTS- The Director may exempt a designated employee from mandatory compliance with any Federal regulation, rule, standardized administrative policy, process, or procedure that the Director determines--
`(1) would be inconsistent with the nonofficial cover of that employee; and
`(2) could expose that employee to detection as a Federal employee.
`(h) TAXATION AND SOCIAL SECURITY-
`(1) IN GENERAL- Notwithstanding any other provision of law, a designated employee--
`(A) shall file a Federal or State tax return as if that employee is not a Federal employee and may claim and receive the benefit of any exclusion, deduction, tax credit, or other tax treatment that would otherwise apply if that employee was not a Federal employee, if the Director determines that taking any action under this paragraph is necessary to--
`(i) protect from unauthorized disclosure--
`(I) intelligence operations;
`(II) the identities of undercover intelligence officers;
`(III) intelligence source and methods; or
`(IV) intelligence cover mechanisms; and
`(ii) meet the special requirements of work related to collection of foreign intelligence or other authorized activities of the Agency; and
`(B) shall receive social security benefits based on the social security contributions made.
`(2) IRS REVIEW- The Director shall establish procedures to carry out this subsection. The procedures shall be subject to periodic review by the Internal Revenue Service.
`(i) REGULATIONS- The Director shall prescribe regulations to carry out this section. The regulations shall ensure that the combination of salary, allowances, and benefits that an employee designated under this section may retain does not significantly exceed, except to the extent determined by the Director to be necessary to exercise the authority in subsection (b), the combination of salary, allowances, and benefits otherwise received by Federal employees not designated under this section.
`(j) FINALITY OF DECISIONS- Any determinations authorized by this section made by the Director or the Director's designee shall be final and conclusive and shall not be subject to review by any court.
`(k) SUBSEQUENTLY ENACTED LAWS- No law enacted after the effective date of this section shall affect the authorities and provisions of this section unless such law specifically refers to this section.'.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS SEC. 501. REPEAL OF SUNSET ON AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended by striking the second sentence.
SEC. 502. DEFENSE INTELLIGENCE EXEMPTION FROM CERTAIN PRIVACY ACT REQUIREMENTS.
Section 552a(e)(3) of title 5, United States Code, shall not apply with respect to the collection of information by intelligence personnel of the Department of Defense who are authorized by the Secretary of Defense to collect intelligence from human sources.
SEC. 503. USE OF FUNDS FOR COUNTERDRUG AND COUNTERTERRORISM ACTIVITIES FOR COLOMBIA.
(a) AUTHORITY- Funds designated for intelligence or intelligence-related purposes for assistance to the Government of Colombia for counterdrug activities for fiscal year 2005, and any unobligated funds available to any element of the intelligence community for such activities for a prior fiscal year, shall be available--
(1) to support a unified campaign by the Government of Colombia against narcotics trafficking and against activities by organizations designated as terrorist organizations (such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC)); and
(2) to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations.
(b) APPLICABILITY OF CERTAIN LAWS AND LIMITATIONS- The use of funds pursuant to the authority in subsection (a) shall be subject to the following:
(1) Sections 556, 567, and 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2160, 2165, and 2166).
(2) Section 8077 of the Department of Defense Appropriations Act, 2004 (Public Law 108-87; 117 Stat. 1090).
(3) The numerical limitations on the number of United States military personnel and United States individual civilian contractors in section 3204(b)(1) of the Emergency Supplemental Act, 2000 (division B of Public Law 106-246; 114 Stat. 575), as amended by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (115 Stat. 2131).
(c) LIMITATION ON PARTICIPATION OF UNITED STATES PERSONNEL- No United States Armed Forces personnel or United States civilian contractor employed by the United States Armed Forces will participate in any combat operation in connection with assistance made available under this section, except for the purpose of acting in self defense or during the course of search and rescue operations for United States citizens.
Calendar No. 499
108th CONGRESS 2d Session S. 2386 A BILL To authorize appropriations for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
May 5, 2004 Read twice and placed on the calendar END