Congressional Record: December 7, 2004 (House)
Page H11030-H11039
CONFERENCE REPORT ON H.R. 4548, INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2005
Mr. HOEKSTRA submitted the following conference report and statement
on the bill (H.R. 4548) to authorize appropriations for fiscal year
2005 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:
Conference Report (H. Rept. 108-798)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4548), to authorize appropriations for fiscal year 2005 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title 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.
Sec. 107. Preparation and submittal of reports, reviews, studies, and
plans relating to intelligence activities of Department
of Defense and Department of Energy.
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. Chief Information Officer.
Sec. 304. Improvement of authorities relating to National Virtual
Translation Center.
Sec. 305. Intelligence assessment on sanctuaries for terrorists.
Sec. 306. Sense of Congress on availability to Congress of information
on Iraq Oil-For-Food Program of the United Nations.
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. National Security Agency Emerging Technologies Panel.
Sec. 502. Use of funds for counterdrug and counterterrorism activities
for Colombia.
TITLE VI--EDUCATION
Subtitle A--National Security Education Program
Sec. 601. Annual funding.
Sec. 602. Improvements to National Flagship Language Initiative.
Sec. 603. Scholarship program for English language studies for heritage
community citizens of the United States within National
Security Education Program.
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
Sec. 611. Foreign language proficiency for certain senior level
positions in the Central Intelligence Agency.
Sec. 612. Advancement of foreign languages critical to the intelligence
community.
Sec. 613. Pilot project on Civilian Linguist Reserve Corps.
Sec. 614. Report on status, consolidation, and improvement of
intelligence education programs.
Sec. 615. Report on recruitment and retention of qualified instructors
of the Defense Language Institute.
TITLE VII--TERRORISM MATTERS
Sec. 701. Information on terrorist groups that seek weapons of mass
destruction and groups that have been designated as
foreign terrorist organizations.
TITLE VIII--OTHER MATTERS
Sec. 801. Effective date.
Sec. 802. Construction of references to Director of Central
Intelligence.
Sec. 803. Savings provisions relating to discharge of certain functions
and authorities.
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 H.R.
4548 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 National Intelligence may authorize employment of civilian
personnel in excess of the number authorized for fiscal year
2005 under section 102 when the Director of National
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
National 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 National Intelligence for fiscal
year 2005 the sum of $310,466,000. 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
National Intelligence are authorized 310 full-time personnel
[[Page H11031]]
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 National
Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $42,322,000 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 National
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 H.R. 4548 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)). Such funds shall remain available until
September 30, 2005.
SEC. 107. PREPARATION AND SUBMITTAL OF REPORTS, REVIEWS,
STUDIES, AND PLANS RELATING TO INTELLIGENCE
ACTIVITIES OF DEPARTMENT OF DEFENSE AND
DEPARTMENT OF ENERGY.
(a) Consultation in Preparation.--(1) The Director of
National Intelligence shall ensure that any report, review,
study, or plan required to be prepared or conducted by a
provision of this Act, including a provision of the
classified Schedule of Authorizations referred to in section
102(a) or the classified annex to this Act, that involves the
intelligence or intelligence-related activities of the
Department of Defense or the Department of Energy is prepared
or conducted in consultation with the Secretary of Defense or
the Secretary of Energy, as appropriate.
(2) The Secretary of Defense or the Secretary of Energy may
carry out any consultation required by this subsection
through an official of the Department of Defense or the
Department of Energy, as the case may be, designated by such
Secretary for that purpose.
(b) Submittal.--Any report, review, study, or plan referred
to in subsection (a) shall be submitted, in addition to any
other committee of Congress specified for submittal in the
provision concerned, to the following committees or
subcommittees of Congress, as appropriate:
(1) The Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services, the Subcommittee on
Defense of the Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
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. CHIEF INFORMATION OFFICER.
(a) Establishment.--(1) Title I of the National Security
Act of 1947, as amended by section 1011(a) of the National
Security Intelligence Reform Act of 2004, is further amended
by inserting after section 103F the following new section:
``chief information officer
``Sec. 103G. (a) Chief Information Officer.--To assist the
Director of National Intelligence in carrying out the
responsibilities of the Director under this Act and other
applicable provisions of law, there shall be within the
Office of the Director of National Intelligence a Chief
Information Officer who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(b) Chief Information Officer of Intelligence
Community.--The Chief Information Officer shall serve as the
chief information officer of the intelligence community.
``(c) Duties and Responsibilities.--Subject to the
direction of the Director of National Intelligence, the Chief
Information Officer shall--
``(1) manage activities relating to the information
technology infrastructure and enterprise architecture
requirements of the intelligence community;
``(2) have procurement approval authority over all
information technology items related to the enterprise
architectures of all intelligence community components;
``(3) direct and manage all information technology-related
procurement for the intelligence community; and
``(4) ensure that all expenditures for information
technology and research and development activities are
consistent with the intelligence community enterprise
architecture and the strategy of the Director for such
architecture.
``(d) Prohibition on Simultaneous Service as Other Chief
Information Officer.--An individual serving in the position
of Chief Information Officer may not, while so serving, serve
as the chief information officer of any other department or
agency, or component thereof, of the United States
Government.''.
(2) The table of contents in the first section of the
National Security Act of 1947, as amended by the National
Security Intelligence Reform Act of 2004, is further amended
by inserting after the item relating to section 103F the
following new item:
``Sec. 103G. Chief Information Officer.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the effective date of the National
Security Intelligence Reform Act of 2004, as provided in
section 801 of this Act.
SEC. 304. IMPROVEMENT OF AUTHORITIES RELATING TO NATIONAL
VIRTUAL TRANSLATION CENTER.
(a) Function of Center.--Section 313 of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306;
116 Stat. 2391; 50 U.S.C. 404n) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Function.--The element established under subsection
(a) shall provide for timely and accurate translations of
foreign intelligence for all elements of the intelligence
community through--
``(1) the integration of the translation capabilities of
the intelligence community;
``(2) the use of remote-connection capabilities; and
``(3) the use of such other capabilities as the Director
considers appropriate.''.
(b) Location of Discharge of Function.--Subsection (d) of
such section, as so redesignated, is amended by adding at the
end the following new paragraph:
``(3) Personnel of the element established under subsection
(a) may carry out the duties and functions of the element at
any location that--
``(A) has been certified as a secure facility by a
department or agency of the United States Government; or
``(B) the Director has otherwise determined to be
appropriate for such duties and functions''.
SEC. 305. INTELLIGENCE ASSESSMENT ON SANCTUARIES FOR
TERRORISTS.
(a) Assessment Required.--Not later than the date specified
in subsection (b), the Director of National Intelligence
shall submit to Congress
[[Page H11032]]
an intelligence assessment that identifies and describes each
country or region that is a sanctuary for terrorists or
terrorist organizations. The assessment shall be based on
current all-source intelligence.
(b) Submittal Date.--The date of the submittal of the
intelligence assessment required by subsection (a) shall be
the earlier of--
(1) the date that is six months after the date of the
enactment of this Act; or
(2) June 1, 2005.
SEC. 306. SENSE OF CONGRESS ON AVAILABILITY TO CONGRESS OF
INFORMATION ON IRAQ OIL-FOR-FOOD PROGRAM OF THE
UNITED NATIONS.
It is the sense of Congress that the head of each element
of the intelligence community, including the Central
Intelligence Agency, the Federal Bureau of Investigation, and
the intelligence elements of the Department of Defense, the
Department of State, and the Department of the Treasury
should make available to any committee of Congress with
jurisdiction over matters relating to the Office of the Iraq
Oil-for-Food Program of the United Nations, upon the request
of such committee, any information and documents in the
possession or control of such element in connection with any
investigation of that Office by such committee.
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 of the Central Intelligence Agency
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 of the Central Intelligence Agency 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 sources 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 of the
Central Intelligence Agency 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 of the Central
Intelligence Agency 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 of the Central Intelligence
Agency may establish and administer a nonofficial cover
employee retirement system for designated employees (and the
spouse, former spouses, and survivors of such designated
employees). 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 of the Central Intelligence
Agency (including at the time of separation of service by
reason of retirement), if the Director of the Central
Intelligence Agency 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 of the Central Intelligence Agency
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--
``(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 Employees' Retirement System, interest as determined
under section 8334(e) of title 5, United States Code; and
``(II) ensures that such conversion does not result in any
unfunded liability to that fund; and
``(iii) in the case of a designated employee who
participated in an employee investment retirement system
established under paragraph (1) and is converted to coverage
under subchapter III of chapter 84 of title 5, United States
Code, the Director of the Central Intelligence Agency may
transmit any or all amounts of that designated employee in
that employee investment 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 of the Central Intelligence
Agency 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 of the Central Intelligence
Agency 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 of the Central Intelligence
Agency may establish and administer a nonofficial cover
employee health insurance program for designated employees
(and the family of such designated employees). 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 of the Central Intelligence Agency
(including at the time of separation of service by reason of
retirement), if the Director of the Central Intelligence
Agency 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 of the Central Intelligence Agency
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 of the Central Intelligence
Agency may establish and administer a nonofficial cover
employee life insurance program for designated employees (and
the family of such designated employees). 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 of the Central Intelligence Agency
(including at the time of separation of service by reason of
retirement), if the Director of the Central Intelligence
Agency 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--
[[Page H11033]]
``(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 of the Central Intelligence Agency
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)(iv) shall be paid from the fund or
appropriation used to pay the designated employee.
``(g) Exemption From Certain Requirements.--The Director of
the Central Intelligence Agency may exempt a designated
employee from mandatory compliance with any Federal
regulation, rule, standardized administrative policy,
process, or procedure that the Director of the Central
Intelligence Agency 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 of the Central
Intelligence Agency 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 sources 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) Internal revenue service review.--The Director of the
Central Intelligence Agency 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 of the Central
Intelligence Agency 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 of the Central Intelligence Agency 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 to be made by the Director of the Central
Intelligence Agency 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. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES
PANEL.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following new
section:
``Sec. 19. (a) There is established the National Security
Agency Emerging Technologies Panel. The Panel is a standing
panel of the National Security Agency. The Panel shall be
appointed by, and shall report directly to, the Director of
the National Security Agency.
``(b) The Panel shall study and assess, and periodically
advise the Director on, the research, development, and
application of existing and emerging science and technology
advances, advances in encryption, and other topics.
``(c) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply with respect to the Panel.''.
SEC. 502. 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 or 2006, 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 the undertaking of 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) Section 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 8076 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 988).
(3) The numerical limitations on the number of United
States military personnel and United States individual
civilian contractors contained in section 1021(c) of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042).
(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 may 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.
TITLE VI--EDUCATION
Subtitle A--National Security Education Program
SEC. 601. ANNUAL FUNDING.
(a) In General.--Section 810 of the David L. Boren National
Security Education Act of 1991 (50 U.S.C. 1910) is amended by
adding at the end the following new subsection:
``(c) Funding From Intelligence Community Management
Account for Fiscal Years Beginning With Fiscal Year 2005.--In
addition to amounts that may be made available to the
Secretary under the Fund for a fiscal year, the Director of
National Intelligence shall transfer to the Secretary from
amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with
fiscal year 2005, $8,000,000 to carry out the scholarship,
fellowship, and grant programs under subparagraphs (A), (B),
and (C), respectively, of section 802(a)(1).''.
(b) Conforming Amendment.--Section 802(a)(2) of that Act
(50 U.S.C. 1902(a)(2)) is amended in the matter preceding
subparagraph (A) by inserting ``or from a transfer under
section 810(c)'' after ``National Security Education Trust
Fund''.
SEC. 602. IMPROVEMENTS TO NATIONAL FLAGSHIP LANGUAGE
INITIATIVE.
(a) Requirement for Employment Agreements.--(1) Section
802(i) of the David L. Boren National Security Education Act
of 1991 (50 U.S.C. 1902(i)) is amended by adding at the end
the following new paragraphs:
``(5) An undergraduate or graduate student who participates
in training in a program under paragraph (1) and has not
already entered into a service agreement under subsection (b)
shall enter into a service agreement under subsection (b)
applicable to an undergraduate or graduate student, as the
case may be, with respect to participation in such training
in a program under paragraph (1).
``(6)(A) An employee of a department or agency of the
Federal Government who participates in training in a program
under paragraph (1) shall agree in writing--
``(i) to continue in the service of the department or
agency of the Federal Government employing the employee for
the period of such training;
``(ii) to continue in the service of such department or
agency, following completion by the employee of such
training, for a period of two years for each year, or part of
the year, of such training;
``(iii) if, before the completion by the employee of such
training, the employment of the employee is terminated by
such department or agency due to misconduct by the employee,
or by the employee voluntarily, to reimburse the United
States for the total cost of such training (excluding the
employee's pay and allowances) provided to the employee; and
``(iv) if, after the completion by the employee of such
training but before the completion by the employee of the
period of service required by clause (ii), the employment of
the employee by such department or agency is terminated
either by such department or agency due to misconduct by the
employee, or by the employee voluntarily, to reimburse the
United States in an amount that bears the same ratio to the
total cost of such training (excluding the employee's pay and
allowances) provided to the employee as the unserved portion
of such period of service bears to the total period of
service required by clause (ii).
``(C) Subject to subparagraph (D), the obligation to
reimburse the United States under an agreement under
subparagraph (A) is for all purposes a debt owing the United
States.
``(D) The head of the element of the intelligence community
concerned may release an employee, in whole or in part, from
the obligation to reimburse the United States under an
agreement under subparagraph (A) when, in the discretion of
the head of the element, the head of the element determines
that equity or the interests of the United States so
require.''.
(2) The amendment made by paragraph (1) shall apply to
training under section 802(i) of the David L. Boren National
Security Act of 1991 that begins on or after the date that is
90 days after the date of the enactment of this Act.
(b) Increase in Annual Funding.--Section 811 of that Act
(50 U.S.C. 1911) is amended by striking subsection (b) and
inserting the following new subsections:
``(b) Funding From Intelligence Community Management
Account for Fiscal Years Beginning With Fiscal Year 2005.--In
addition to amounts that may be made available to the
Secretary under the Fund for a fiscal year, the Director of
National Intelligence shall transfer to the Secretary from
amounts appropriated
[[Page H11034]]
for the Intelligence Community Management Account for each
fiscal year, beginning with fiscal year 2005, $6,000,000 to
carry out the grant program for the National Flagship
Language Initiative under section 802(a)(1)(D).
``(c) Availability of Appropriated Funds.--Amounts made
available under this section shall remain available until
expended.''.
(c) Increase in Number of Participating Educational
Institutions.--The Secretary of Defense shall take such
actions as the Secretary considers appropriate to increase
the number of qualified educational institutions that receive
grants under the National Flagship Language Initiative under
section 802(i) of the David L. Boren National Security
Education Act of 1991 to establish, operate, or improve
activities designed to train students in programs in a range
of disciplines to achieve advanced levels of proficiency in
those foreign languages that the Secretary identifies as
being the most critical to the national security of the
United States.
(d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the
National Flagship Language Initiative may support students
who pursue total immersion foreign language studies overseas
of foreign languages that are critical to the national
security of the United States.
SEC. 603. SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES
FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED
STATES WITHIN NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Scholarship Program.--(1) Subsection (a)(1) of section
802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) awarding scholarships to students who--
``(i) are United States citizens who--
``(I) are native speakers (referred to as `heritage
community citizens') of a foreign language that is identified
as critical to the national security interests of the United
States who should be actively recruited for employment by
Federal security agencies with a need for linguists; and
``(II) are not proficient at a professional level in the
English language with respect to reading, writing, and other
skills required to carry out the national security interests
of the United States, as determined by the Secretary,
to enable such students to pursue English language studies at
an institution of higher education of the United States to
attain proficiency in those skills; and
``(ii) enter into an agreement to work in a position in a
similar manner (as determined by the Secretary) as agreements
entered into pursuant to subsection (b)(2)(A).''.
(2) The matter following subsection (a)(2) of such section
is amended--
(A) in the first sentence, by inserting ``or for the
scholarship program under paragraph (1)(E)'' after ``under
paragraph (1)(D) for the National Flagship Language
Initiative described in subsection (i)''; and
(B) by adding at the end the following: ``For the
authorization of appropriations for the scholarship program
under paragraph (1)(E), see section 812.''.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C.
1903(d)(4)(E)) is amended by inserting before the period the
following: ``and section 802(a)(1)(E) (relating to the
scholarship program for advanced English language studies by
heritage community citizens)''.
(b) Funding.--The David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by
adding at the end the following new section:
``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR ADVANCED
ENGLISH LANGUAGE STUDIES BY HERITAGE COMMUNITY
CITIZENS.
``(a) Funding From Intelligence Community Management
Account.--In addition to amounts that may be made available
to the Secretary under the Fund for a fiscal year, the
Director of National Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence
Community Management Account for each fiscal year, beginning
with fiscal year 2005, $2,000,000 to carry out the
scholarship programs for English language studies by certain
heritage community citizens under section 802(a)(1)(E).
``(b) Availability of Funds.--Amounts made available under
subsection (a) shall remain available until expended.''.
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR
LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE
AGENCY.
(a) In General.--Section 104A of the National Security Act
of 1947, amended by section 1011(a) of the National Security
Intelligence Reform Act of 2004, is further amended by adding
at the end the following new subsection:
``(g) Foreign Language Proficiency for Certain Senior Level
Positions in Central Intelligence Agency.--(1) Except as
provided pursuant to paragraph (2), an individual may not be
appointed to a position in the Senior Intelligence Service in
the Directorate of Intelligence or the Directorate of
Operations of the Central Intelligence Agency unless the
Director of the Central Intelligence Agency determines that
the individual--
``(A) has been certified as having a professional speaking
and reading proficiency in a foreign language, such
proficiency being at least level 3 on the Interagency
Language Roundtable Language Skills Level or commensurate
proficiency level using such other indicator of proficiency
as the Director of the Central Intelligence Agency considers
appropriate; and
``(B) is able to effectively communicate the priorities of
the United States and exercise influence in that foreign
language.
``(2) The Director of the Central Intelligence Agency may,
in the discretion of the Director, waive the application of
paragraph (1) to any position or category of positions
otherwise covered by that paragraph if the Director
determines that foreign language proficiency is not necessary
for the successful performance of the duties and
responsibilities of such position or category of
positions.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to appointments made on or after the
date that is one year after the date of the enactment of this
Act.
(c) Report on Waivers.--The Director of the Central
Intelligence Agency shall submit to Congress a report that
identifies positions within the Senior Intelligence Service
in the Directorate of Intelligence or the Directorate of
Operations of the Central Intelligence Agency that are
determined by the Director to require waiver from the
requirements of section 104A(g) of the National Security Act
of 1947, as added by subsection (a). The report shall include
a rationale for any waiver granted under section 104A(g)(2),
as so added, for each position or category of positions so
identified.
SEC. 612. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE
INTELLIGENCE COMMUNITY.
(a) In General.--Title X of the National Security Act of
1947 (50 U.S.C. 441g) is amended--
(1) by inserting before section 1001 (50 U.S.C. 441g) the
following:
``Subtitle A--Science and Technology'';
and
(2) by adding at the end the following new subtitles:
``Subtitle B--Foreign Languages Program
``program on advancement of foreign languages critical to the
intelligence community
``Sec. 1011. (a) In General.--The Secretary of Defense and
the Director of National Intelligence may jointly carry out a
program to advance skills in foreign languages that are
critical to the capability of the intelligence community to
carry out the national security activities of the United
States (hereinafter in this subtitle referred to as the
`Foreign Languages Program').
``(b) Identification of Requisite Actions.--In order to
carry out the Foreign Languages Program, the Secretary of
Defense and the Director of National Intelligence shall
jointly identify actions required to improve the education of
personnel in the intelligence community in foreign languages
that are critical to the capability of the intelligence
community to carry out the national security activities of
the United States and to meet the long-term intelligence
needs of the United States.
``education partnerships
``Sec. 1012. (a) In General.--In carrying out the Foreign
Languages Program, the head of a covered element of the
intelligence community may enter into one or more education
partnership agreements with educational institutions in the
United States in order to encourage and enhance the study in
such educational institutions of foreign languages that are
critical to the capability of the intelligence community to
carry out the national security activities of the United
States.
``(b) Assistance Provided Under Educational Partnership
Agreements.--Under an educational partnership agreement
entered into with an educational institution pursuant to this
section, the head of a covered element of the intelligence
community may provide the following assistance to the
educational institution:
``(1) The loan of equipment and instructional materials of
the element of the intelligence community to the educational
institution for any purpose and duration that the head of the
element considers appropriate.
``(2) Notwithstanding any other provision of law relating
to the transfer of surplus property, the transfer to the
educational institution of any computer equipment, or other
equipment, that is--
``(A) commonly used by educational institutions;
``(B) surplus to the needs of the element of the
intelligence community; and
``(C) determined by the head of the element to be
appropriate for support of such agreement.
``(3) The provision of dedicated personnel to the
educational institution--
``(A) to teach courses in foreign languages that are
critical to the capability of the intelligence community to
carry out the national security activities of the United
States; or
``(B) to assist in the development for the educational
institution of courses and materials on such languages.
``(4) The involvement of faculty and students of the
educational institution in research projects of the element
of the intelligence community.
``(5) Cooperation with the educational institution in
developing a program under which students receive academic
credit at the educational institution for work on research
projects of the element of the intelligence community.
``(6) The provision of academic and career advice and
assistance to students of the educational institution.
``(7) The provision of cash awards and other items that the
head of the element of the intelligence community considers
appropriate.
``voluntary services
``Sec. 1013. (a) Authority To Accept Services.--
Notwithstanding section 1342 of title 31, United States Code,
and subject to subsection
[[Page H11035]]
(b), the Foreign Languages Program under section 1011 shall
include authority for the head of a covered element of the
intelligence community to accept from any dedicated personnel
voluntary services in support of the activities authorized by
this subtitle.
``(b) Requirements and Limitations.--(1) In accepting
voluntary services from an individual under subsection (a),
the head of a covered element of the intelligence community
shall--
``(A) supervise the individual to the same extent as the
head of the element would supervise a compensated employee of
that element providing similar services; and
``(B) ensure that the individual is licensed, privileged,
has appropriate educational or experiential credentials, or
is otherwise qualified under applicable law or regulations to
provide such services.
``(2) In accepting voluntary services from an individual
under subsection (a), the head of a covered element of the
intelligence community may not--
``(A) place the individual in a policymaking position, or
other position performing inherently governmental functions;
or
``(B) compensate the individual for the provision of such
services.
``(c) Authority To Recruit and Train Individuals Providing
Services.--The head of a covered element of the intelligence
community may recruit and train individuals to provide
voluntary services under subsection (a).
``(d) Status of Individuals Providing Services.--(1)
Subject to paragraph (2), while providing voluntary services
under subsection (a) or receiving training under subsection
(c), an individual shall be considered to be an employee of
the Federal Government only for purposes of the following
provisions of law:
``(A) Section 552a of title 5, United States Code (relating
to maintenance of records on individuals).
``(B) Chapter 11 of title 18, United States Code (relating
to conflicts of interest).
``(2)(A) With respect to voluntary services under paragraph
(1) provided by an individual that are within the scope of
the services accepted under that paragraph, the individual
shall be deemed to be a volunteer of a governmental entity or
nonprofit institution for purposes of the Volunteer
Protection Act of 1997 (42 U.S.C. 14501 et seq.).
``(B) In the case of any claim against such an individual
with respect to the provision of such services, section 4(d)
of such Act (42 U.S.C. 14503(d)) shall not apply.
``(3) Acceptance of voluntary services under this section
shall have no bearing on the issuance or renewal of a
security clearance.
``(e) Reimbursement of Incidental Expenses.--(1) The head
of a covered element of the intelligence community may
reimburse an individual for incidental expenses incurred by
the individual in providing voluntary services under
subsection (a). The head of a covered element of the
intelligence community shall determine which expenses are
eligible for reimbursement under this subsection.
``(2) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(f) Authority To Install Equipment.--(1) The head of a
covered element of the intelligence community may install
telephone lines and any necessary telecommunication equipment
in the private residences of individuals who provide
voluntary services under subsection (a).
``(2) The head of a covered element of the intelligence
community may pay the charges incurred for the use of
equipment installed under paragraph (1) for authorized
purposes.
``(3) Notwithstanding section 1348 of title 31, United
States Code, the head of a covered element of the
intelligence community may use appropriated funds or
nonappropriated funds of the element in carrying out this
subsection.
``regulations
``Sec. 1014. (a) In General.--The Secretary of Defense and
the Director of National Intelligence shall jointly prescribe
regulations to carry out the Foreign Languages Program.
``(b) Elements of the Intelligence Community.--The head of
each covered element of the intelligence community shall
prescribe regulations to carry out sections 1012 and 1013
with respect to that element including the following:
``(1) Procedures to be utilized for the acceptance of
voluntary services under section 1013.
``(2) Procedures and requirements relating to the
installation of equipment under section 1013(f).
``Definitions
``Sec. 1015. In this subtitle:
``(1) The term `covered element of the intelligence
community' means an agency, office, bureau, or element
referred to in subparagraphs (B) through (L) of section 3(4).
``(2) The term `educational institution' means--
``(A) a local educational agency (as that term is defined
in section 9101(26) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(26)));
``(B) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002) other than institutions referred to in subsection
(a)(1)(C) of such section); or
``(C) any other nonprofit institution that provides
instruction of foreign languages in languages that are
critical to the capability of the intelligence community to
carry out national security activities of the United States.
``(3) The term `dedicated personnel' means employees of the
intelligence community and private citizens (including former
civilian employees of the Federal Government who have been
voluntarily separated, and members of the United States Armed
Forces who have been honorably discharged, honorably
separated, or generally discharged under honorable
circumstances and rehired on a voluntary basis specifically
to perform the activities authorized under this subtitle).
``Subtitle C--Additional Education Provisions
``assignment of intelligence community personnel as language students
``Sec. 1021. (a) In General.--The Director of National
Intelligence, acting through the heads of the elements of the
intelligence community, may assign employees of such elements
in analyst positions requiring foreign language expertise as
students at accredited professional, technical, or other
institutions of higher education for training at the graduate
or undergraduate level in foreign languages required for the
conduct of duties and responsibilities of such positions.
``(b) Authority for Reimbursement of Costs of Tuition and
Training.--(1) The Director of National Intelligence may
reimburse an employee assigned under subsection (a) for the
total cost of the training described in that subsection,
including costs of educational and supplementary reading
materials.
``(2) The authority under paragraph (1) shall apply to
employees who are assigned on a full-time or part-time basis.
``(3) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(c) Relationship to Compensation as an Analyst.--
Reimbursement under this section to an employee who is an
analyst is in addition to any benefits, allowances, travel
expenses, or other compensation the employee is entitled to
by reason of serving in such an analyst position.''.
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947 is amended by striking the item
relating to section 1001 and inserting the following new
items:
``Subtitle A--Science and Technology
``Sec. 1001. Scholarships and work-study for pursuit of graduate
degrees in science and technology.
``Subtitle B--Foreign Languages Program
``Sec. 1011. Program on advancement of foreign languages critical to
the intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.
``Subtitle C--Additional Education Provisions
``Sec. 1021. Assignment of intelligence community personnel as language
students.''.
SEC. 613. PILOT PROJECT ON CIVILIAN LINGUIST RESERVE CORPS.
(a) Pilot Project.--The Director of National Intelligence
shall conduct a pilot project to assess the feasibility and
advisability of establishing a Civilian Linguist Reserve
Corps comprised of United States citizens with advanced
levels of proficiency in foreign languages who would be
available upon the call of the Director to perform such
service or duties with respect to such foreign languages in
the intelligence community as the Director may specify.
(b) Conduct of Project.--Taking into account the findings
and recommendations contained in the report required under
section 325 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2393), in conducting
the pilot project under subsection (a) the Director of
National Intelligence shall--
(1) identify several foreign languages that are critical
for the national security of the United States;
(2) identify United States citizens with advanced levels of
proficiency in the foreign languages identified under
paragraph (1) who would be available to perform the services
and duties referred to in subsection (a); and
(3) when considered necessary by the Director, implement a
call for the performance of such services and duties.
(c) Duration of Project.--The pilot project under
subsection (a) shall be conducted for a three-year period.
(d) Authority To Enter Into Contracts.--The Director of
National Intelligence may enter into contracts with
appropriate agencies or entities to carry out the pilot
project under subsection (a).
(e) Reports.--(1) The Director of National Intelligence
shall submit to Congress an initial and a final report on the
pilot project conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain
information on the operation of the pilot project, the
success of the pilot project in carrying out the objectives
of the establishment of a Civilian Linguist Reserve Corps,
and recommendations for the continuation or expansion of the
pilot project.
(3) The final report shall be submitted not later than six
months after the completion of the pilot project.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Director of National Intelligence
for each of fiscal years 2005, 2006, and 2007 in order to
carry out the pilot project under subsection (a) such sums as
are specified in the classified Schedule of Authorizations
referred to in section 102.
SEC. 614. REPORT ON STATUS, CONSOLIDATION, AND IMPROVEMENT OF
INTELLIGENCE EDUCATION PROGRAMS.
(a) Report.--Not later than June 1, 2005, the Director of
National Intelligence shall submit to Congress a report
setting forth--
(1) the status of each intelligence education program,
including the statutory, regulatory, or administrative
authority under which such program is carried out; and
[[Page H11036]]
(2) such recommendations as the Director considers
appropriate for legislative or administrative action to
consolidate, enhance the coordination of, or otherwise
improve such intelligence education programs.
(b) Intelligence Education Program Defined.--In this
section, the term ``intelligence education program'' means
any grant, scholarship, education, or similar program
(whether authorized by statute, regulation, or administrative
order) that--
(1) is supported, funded, or carried out by a department,
agency, or element of the intelligence community; or
(2) is otherwise intended to aid in the recruitment,
retention, or training of intelligence community personnel.
SEC. 615. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED
INSTRUCTORS OF THE DEFENSE LANGUAGE INSTITUTE.
(a) Study.--The Secretary of Defense shall conduct a study
on mechanisms to improve the recruitment and retention of
qualified foreign language instructors at the Foreign
Language Center of the Defense Language Institute. In
conducting the study, the Secretary shall consider, in the
case of a foreign language instructor who is an alien, the
appropriateness of expeditious adjustment of the status of
the alien under applicable immigration law from a temporary
status to that of an alien lawfully admitted for permanent
residence.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report on the
study conducted under subsection (a). The report shall
include such recommendations for such legislative or
administrative action as the Secretary considers appropriate.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
(2) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
TITLE VII--TERRORISM MATTERS
SEC. 701. INFORMATION ON TERRORIST GROUPS THAT SEEK WEAPONS
OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN
DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS.
(a) Inclusion in Reports.--Section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``any terrorist group known to have
obtained or developed, or to have attempted to obtain or
develop, weapons of mass destruction,'' after ``during the
preceding five years,''; and
(B) by inserting ``any group designated by the Secretary as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189),'' after
``Export Administration Act of 1979,'';
(2) in subsection (b)--
(A) in paragraph (1)(C)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following new
clause (iv):
``(iv) providing weapons of mass destruction, or assistance
in obtaining or developing such weapons, to terrorists or
terrorist groups;'';
(B) in paragraph (2)--
(i) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(ii) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) efforts by those groups to obtain or develop weapons
of mass destruction;''; and
(iii) in subparagraph (F), as so redesignated, by striking
the period and inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(3) to the extent practicable, complete statistical
information on the number of individuals, including United
States citizens and dual nationals, killed, injured, or
kidnapped by each terrorist group during the preceding
calendar year; and
``(4) an analysis, as appropriate, of trends in
international terrorism, including changes in technology
used, methods and targets of attack, demographic information
on terrorists, and other appropriate information.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply beginning with the first report under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 that is submitted more than one year after the date
of the enactment of this Act.
TITLE VIII--OTHER MATTERS
SEC. 801. EFFECTIVE DATE.
Except as otherwise expressly provided in this Act, this
Act (and the amendments made by this Act) shall take effect
on the date of the enactment of this Act.
SEC. 802. CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL
INTELLIGENCE.
Except as otherwise specifically provided or otherwise
provided by context, any reference in this Act, or in the
classified annex to accompany this Act, to the Director of
Central Intelligence shall be deemed to be a reference to the
Director of Central Intelligence as head of the intelligence
community.
SEC. 803. SAVINGS PROVISIONS RELATING TO DISCHARGE OF CERTAIN
FUNCTIONS AND AUTHORITIES.
(a) Head of Intelligence Community.--(1) During the period
beginning on the date of the enactment of this Act and ending
on the date of the appointment of the Director of National
Intelligence under section 102 of the National Security Act
of 1947, as amended by section 1011(a) of the National
Security Intelligence Reform Act of 2004, the Director of
Central Intelligence may, acting as the head of the
intelligence community, discharge the functions and
authorities provided in this Act, and the amendments made by
this Act, to the Director of National Intelligence.
(2) During the period referred to in paragraph (1) any
reference in this Act or the amendments made by this Act to
the Director of National Intelligence shall be considered to
be a reference to the Director of Central Intelligence, as
the head of the intelligence community.
(3) Upon the appointment of an individual as Director of
National Intelligence under section 102 of the National
Security Act of 1947, as so amended, any reference in this
Act, or in the classified annex to accompany this Act, to the
Director of Central Intelligence as head of the intelligence
community shall be deemed to be a reference to the Director
of National Intelligence.
(b) Head of Central Intelligence Agency.--(1) During the
period beginning on the date of the enactment of this Act and
ending on the date of the appointment of the Director of the
Central Intelligence Agency under section 104A of the
National Security Act of 1947, as amended by section 1011(a)
of the National Security Intelligence Reform Act of 2004, the
Director of Central Intelligence may, acting as the head of
the Central Intelligence Agency, discharge the functions and
authorities provided in this Act, and the amendments made by
this Act, to the Director of the Central Intelligence Agency.
(2) Upon the appointment of an individual as Director of
the Central Intelligence Agency under section 104A of the
National Security Act of 1947, as so amended, any reference
in this Act, or in the classified annex to accompany this
Act, to the Director of Central Intelligence as head of the
Central Intelligence Agency shall be deemed to be a reference
to the Director of the Central Intelligence Agency.
And the Senate agree to the same.
From the Permanent Select Committee on Intelligence, for
consideration of the House bill and the Senate amendment, and
modifications committed to conference:
Pete Hoekstra,
Sherwood Boehlert,
Jim Gibbons,
Ray LaHood,
Randy ``Duke'' Cunningham,
Richard Burr,
Terry Everett,
Elton Gallegly,
Mac Collins,
Jo Ann Davis,
Mac Thornberry,
Jane Harman,
Alcee L. Hastings,
Silvestre Reyes,
Leonard L. Boswell,
Collin C. Peterson,
Bud Cramer,
Anna Eshoo,
Rush Holt,
C.A. Dutch Ruppersberger,
From the Committee on Armed Services, for consideration of
defense tactical intelligence and related activities:
Duncan Hunter,
Curt Weldon,
Ike Skelton,
Managers on the Part of the House.
Pat Roberts,
Orrin Hatch,
Mike DeWine,
Christopher Bond,
Trent Lott,
Olympia Snowe,
Chuck Hagel,
Saxby Chambliss,
John Warner,
Dianne Feinstein,
Evan Bayh,
Barbara Mikulski,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the Senate and House at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 4548), to authorize
appropriations for fiscal year 2005 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, submit the following joint statement to the
Senate and House in explanation of the effect of the action
agreed upon by the managers and recommended in the
accompanying conference report.
The managers agree that the congressionally directed
actions described in the House bill, the Senate amendment,
the respective committee reports, and classified annexes
accompanying H.R. 4548 and S. 2386, shall be undertaken to
the extent that such congressionally directed actions are not
amended, altered, substituted, or otherwise specifically
addressed in either this Joint Explanatory Statement or in
the classified annex to the conference report on the bill
H.R. 4548.
The Senate amendment struck all of the House bill's text
after the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an
[[Page H11037]]
amendment that is a substitute for the House bill and the
Senate amendment. The differences between the House bill, the
Senate amendment, and the substitute agreed to in conference
are noted below, except for clerical corrections, conforming
changes made necessary by agreements reached by the
Conferees, and minor drafting and clarifying changes.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations
Section 101 is identical to Section 101 of the Senate
amendment and House bill.
Sec. 102. Classified schedule of authorizations
Section 102 is identical to Section 102 of the Senate
amendment and House bill.
Sec. 103. Personnel ceiling adjustments
Section 103 is identical to Section 103 of the Senate
amendment and House bill.
Sec. 104. Intelligence Community Management Account
Section 104 of the conference report authorizes
appropriations for the Intelligence Community Management
Account (CMA) of the Director of National Intelligence (DNI)
and sets the personnel end-strength for the Intelligence
Community Management Staff for fiscal year 2005.
Subsection (a) authorizes appropriations of $310,466,000
for fiscal year 2005 for the activities of the CMA of the
DNI. The House recedes in part and the Senate recedes in
part.
Subsection (b) authorizes 310 full-time personnel for the
Intelligence Community Management Staff for fiscal year 2005
and provides that such personnel may be permanent employees
of the Staff or detailed from various elements of the United
States Government. The House bill and Senate amendment were
identical.
Subsection (c) authorizes additional appropriations and
personnel for the CMA as specified in the classified Schedule
of Authorizations and authorizes additional amounts to remain
available for research and development through September 30,
2006.
Subsection (d) requires that, except as provided in Section
113 of the National Security Act of 1947, during fiscal year
2005, personnel from another element of the United States
Government may be detailed to an element of the CMA on a
reimbursable basis, or for temporary situations of less than
one year on a non-reimbursable basis.
Subsection (e) authorizes $42,322,000 of the amount
authorized in subsection (a) to be made available for the
National Drug Intelligence Center (NDIC). Subsection (e)
requires the DNI to transfer these funds to the Attorney
General to be used for NDIC activities under the authority of
the Attorney General and subject to Section 103(d)(1) of the
National Security Act. The House recedes in part and the
Senate recedes in part.
Sec. 105. Incorporation of reporting requirements
Section 105 is similar to Section 105 of the Senate
amendment. The House bill had no similar provision. The House
recedes to the Senate.
Sec. 106. Specific authorization of funds for intelligence or
intelligence-related activities for which fiscal year
2004 appropriations exceed amounts authorized
Section 106 is similar to Section 106 of the Senate
amendment. The House bill had no similar provision. The House
recedes to the Senate.
Sec. 107. Preparation and submittal of reports, reviews,
studies, and plans relating to intelligence activities of
Department of Defense or Department of Energy
Section 107 is a slightly modified version of Section 107
of the Senate amendment. The House bill had no similar
provision. The House recedes with an amendment.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations
Section 201 authorizes appropriations of $239,400,000 for
the Central Intelligence Agency Retirement and Disability
Fund. Section 201 of the House bill and Section 201 of the
Senate amendment were identical.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits
authorized by law
Section 301 is identical to Section 301 of the Senate
amendment and the House bill.
Sec. 302. Restriction on conduct of intelligence activities
Section 302 is identical to Section 302 of the Senate
amendment and the House bill.
Sec. 303. Chief Information Officer
Section 303 establishes a Chief Information Officer (CIO)
to assist the DNI in carrying out the DNI's responsibilities.
The CIO is established within the Office of the DNI. The CIO
will serve as the CIO of the Intelligence Community, subject
to the DNI's direction. The CIO shall manage activities
relating to the information technology infrastructure and
enterprise architecture requirements of the Intelligence
Community and have procurement approval authority over all
information technology items related to the enterprise
architectures of all Intelligence Community components. The
CIO will also direct and manage all information technology-
related procurement for the Intelligence Community and ensure
that all expenditures for information technology and research
and development activities are consistent with the
Intelligence Community enterprise architecture and the
strategy of the DNI for such architecture. The section also
provides that the CIO may not serve as the chief information
officer of any other department or agency, or component
thereof, of the United States.
Enterprise architecture is the foundation upon which
information technology investment and strategy should be
based. Therefore, the managers expect the CIO to move
expeditiously to undertake a formal Intelligence Community-
wide enterprise architecture effort. The managers also
strongly support the House report language detailing the
ramifications of failing to link Intelligence Community-wide
information technology investments to a true community-wide
enterprise architecture (H. Rep. 108-558, June 21, 2004).
Sec. 304. Improvement of authorities relating to National
Virtual Translation Center
Section 304 amends Section 313 of the Intelligence
Authorization Act for Fiscal Year 2003 (Pub. L. 107-306; 116
Stat. 2391; 50 U.S.C. 404n) to clarify the functions of the
National Virtual Translation Center (NVTC). The provision
also specifies that the NVTC may perform its duties in a
certified secure facility or in any other facility determined
appropriate by the DNI. This section was passed in the House
bill as Section 615. The Senate recedes with amendments.
Section 313 of the Intelligence Authorization Act for
Fiscal Year 2003 mandated that the Director of Central
Intelligence (DCI) retain ``direct supervision and control''
over the NVTC. The Conferees note with concern that despite
this mandate the DCI has failed to fully integrate the NVTC
into the Intelligence Community and play a meaningful role in
its management. Instead, the activities of the NVTC are
supervised by the Director of the Federal Bureau of
Investigation (FBI), with little or no input by the DCI.
While participation of the FBI Director is imperative,
Congress stresses again the importance of the direct
``supervision and control'' by the head of the Intelligence
Community, now the DNI, of NVTC activities.
The Conferees are also concerned that non-FBI Intelligence
Community elements have not fully leveraged NVTC resources.
The Conferees continue to believe that a fully employed NVTC
will perform an important function for the Intelligence
Community. The use of advanced information technology will
expand the ability of translators located in disparate
locations to apply their skills to the backlog of collected
intelligence information stored in voice or data form
throughout the Intelligence Community. Intelligence
information that is not translated and not analyzed
constitutes a gross waste of our limited collection
resources. The Conferees expect the DNI to commit the
necessary attention, staffing, and resources to ensure that
the NVTC can effectively perform its necessary function.
Sec. 305. Intelligence assessment on sanctuaries for
terrorists
Section 305 requires the DNI to submit a report to Congress
on terrorist sanctuaries. The House bill had no such
provision. The House recedes to the Senate.
Sec. 306. Sense of Congress on the availability to Congress
of information on Iraq Oil-for-Food Program of the United
Nations
Section 306 calls on heads of Intelligence Community
elements to share with Congress information they have about
the United Nations Oil-for-Food Program. The Senate recedes.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Permanent Extension of Central Intelligence Agency
Voluntary Separation Incentive Program
The House bill and Senate amendment versions of this
provision were similar.
Sec. 402. Intelligence operations and cover enhancement
authority
Section 402 amends the Central Intelligence Agency Act of
1949 by adding a new section that enhances the cover of
certain Central Intelligence Agency (CIA) employees. This new
section provides that, notwithstanding any other provision of
law, the Director of the CIA (DCIA), in order to protect
intelligence operations and sources and methods, may: pay
salaries, allowances, retirement, insurance, and other
benefits to CIA employees under non-official cover in a
manner consistent with their cover; exempt a category of CIA
employees from certain U.S. Government rules and regulations;
allow certain CIA employees to claim and receive the same
Federal and state tax treatment available to individuals in
the private sector; and allow certain CIA employees to
receive Social Security benefits based on the Social Security
contributions made by such employees. The DCIA, in
formulating regulations under this section, should ensure
that such regulations adequately recognize the interests of
CIA employee family members, including spouses and children,
and former spouses. The House bill had no similar provision.
The House recedes.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
Sec. 501. National Security Agency emerging technologies
panel
Section 501 amends the National Security Agency Act of 1959
to establish the National Security Agency Emerging
Technologies Panel and exempts it from the Federal Advisory
Committee Act. The Senate bill had no similar provision. The
Senate recedes.
[[Page H11038]]
Sec. 502. Use of funds for counterdrug and counterterrorism
activities for Colombia
Section 502 allows funds available for intelligence and
intelligence-related activities to be used to support a
unified campaign against drug traffickers and terrorist
organizations in Colombia. The House bill had no similar
provision. The House recedes with amendments.
TITLE VI--EDUCATION
Subtitle A--National Security Education Program
Sec. 601. Annual funding
Section 601 amends the David L. Boren National Security
Education Act of 1991 (Title VIII of the Intelligence
Authorization Act of 1992 (P.L. 102-183; 105 Stat. 1271)) to
authorize an appropriation to the CMA to support the
scholarship, fellowship and grant programs under the National
Security Education Program (NSEP). The Intelligence
Authorization Act of 1992 created the NSEP, along with the
National Security Education Trust Fund as a means of funding
the NSEP. That trust fund has been nearly depleted, and an
appropriation of $8,000,000 is authorized for fiscal year
2005 to maintain the NSEP.
Sec. 602. Improvements to the National Flagship Language
Initiative
Section 602 amends the David L. Boren National Security
Education Act of 1991 to authorize an appropriation of
$6,000,000 for fiscal year 2005 to the CMA for the expansion
of the grant program for institutions of higher education
under the National Flagship Language Initiative (NFLI). The
section details certain service obligations required for
undergraduate and graduate students and federal employees who
receive training in programs under the NFLI. The provision
also seeks to increase the number of qualified institutions
that receive grants under the NFLI.
Sec. 603. Scholarship program for English language studies
for heritage community citizens of the United States
within the National Security Education Program
Section 603 amends the David L. Boren National Security
Education Act of 1991 to establish a scholarship program
within NSEP for English language studies for heritage
community citizens of the United States. The scholarship
program is designed to enable native speakers of languages
that are considered critical to the national security
interests of the United States to attain English language
proficiency. The ultimate goal is to increase the scholarship
recipient's English language proficiency to the level where a
valuable contribution can be made by the recipients to the
Intelligence Community. The section establishes certain
service obligations for work in a position within the
Department of Defense or the Intelligence Community. The
section authorizes an appropriation of $2,000,000 for fiscal
year 2005 to the CMA to establish the scholarship program.
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
Sec. 611. Foreign language proficiency for advancement to
certain senior level positions in the Central
Intelligence Agency
Section 611 amends the National Security Act of 1947 to
establish a language proficiency requirement for those
individuals appointed to Senior Intelligence Service (SIS)
positions within the CIA's Directorate of Operations (DO) and
Directorate of Intelligence (DI). In order to be eligible for
promotion to SIS positions within the DO or DI, individuals
must be certified as having professional speaking and reading
proficiency of at least level 3 on the Interagency Language
Roundtable Language Skills Level or commensurate proficiency
indicator. The DCIA is tasked with providing to Congress a
report explaining any waivers of this requirement for any
position or category of positions.
Sec. 612. Advancement of foreign languages critical to the
intelligence community
Section 612 amends the National Security Act of 1947 to
authorize the DNI and the Secretary of Defense to establish a
program to advance foreign language skills in languages that
are critical to the national security interests of the United
States. The program may include funding, in the form of
grants, contracts, cooperative agreements, or other
appropriate mechanisms, by the Intelligence Community of
educational institutions and instructors for the purchase of
materials, supplies, and other resources, as well as the
generation of instructional materials needed to advance
foreign language skills.
The section allows the Intelligence Community to enter into
educational partnership agreements with educational
institutions to encourage and enhance the study of foreign
languages. These partnership agreements would allow the
Intelligence Community to lend surplus equipment, provide
personnel to teach courses and develop curriculum, offer
academic and career advice, and provide cash awards. The
section authorizes the Intelligence Community to accept
voluntary services in support of partnership activities. The
section also authorizes the Intelligence Community to assign
employees in analytical positions requiring foreign language
expertise to accredited institutions of higher education for
training in foreign languages.
Sec. 613. Pilot project on Civilian Linguist Reserve Corps
Section 613 requires the DNI to conduct a pilot project to
establish a Civilian Linguist Reserve Corps comprised of
United States citizens with advanced proficiency in foreign
languages. These individuals could be called up by the DNI to
perform federal service in areas relating to their language
expertise. The section authorizes an appropriation for a
three-year pilot project. In conducting the pilot project,
the DNI should take into account findings and recommendations
in the CLRC feasibility report required by the Intelligence
Authorization Act for Fiscal Year 2003 (P.L. 107-306).
Sec. 614. Report on status, consolidation, and improvement of
intelligence education programs
Section 614 requires the DNI to submit to Congress no later
than June 1, 2005, a report on the status of intelligence
education programs. The report is to include recommendations
about legislative or administrative action that would be
appropriate to consolidate, enhance the coordination of, or
otherwise improve intelligence education programs. This
provision was added in lieu of creating the Assistant
Director of Central Intelligence for Language and Education
provided for in the House bill.
Sec. 615. Report on recruitment and retention of qualified
instructors of the Defense Language Institute
Section 615 requires the Secretary of Defense to conduct a
study on methods to improve the recruitment and retention of
qualified language instructors at the Foreign Language Center
at the Defense Language Institute. In preparing this report,
the Secretary is to consider, as a means of recruitment and
retention, providing permanent resident alien status to those
qualified language instructors who are in the United States
in temporary status.
TITLE VII--TERRORISM MATTERS
Sec. 701. Information on terrorist groups that seek weapons
of mass destruction and groups that have been designated
as foreign terrorist organizations
Section 701 would require the inclusion, in the State
Department's annual country reports on terrorism, of
information on terrorist groups that seek weapons of mass
destruction, and groups that have been designated as FTOs
under Section 219 of the Immigration and Nationality Act, as
amended.
TITLE VIII--OTHER MATTERS
Sec. 801. Effective date
Except as otherwise indicated in a particular section
within this Act, this section provides that this Act shall
take effect immediately upon enactment because many of its
provisions are of immediate operational and practical concern
for the Intelligence Community.
Sec. 802. Construction of references to the Director of
Central Intelligence
Sec. 803. Savings provisions relating to discharge of certain
functions and authorities
Sections 802 and 803 clarifies how certain authorities
shall be exercised, and who shall exercise them, during the
transitional period between enactment of this Act, its
effective date, the appointment of certain officers, and the
enactment and effective date of the Intelligence Reform and
Terrorism Prevention Act of 2004.
General Matters
The Conferees are concerned about the Intelligence
Community's ability to efficiently and effectively manage the
security clearance process for companies that comprise its
industrial base.
The Conferees direct the head of the Intelligence Community
to undertake a study of all dimensions of this problem. In
accomplishing this effort, the study should take into account
the excellent work already done by industry groups in
studying this problem and also seek additional information
and views from industry. The head of the Intelligence
Community should consult with the House and Senate
Intelligence Committees on the structure, objectives and form
of the final report, which should be delivered to the
Intelligence Committees in unclassified form (with a
classified annex, if necessary) no later than June 1, 2005.
Senators Rockefeller, Levin, Wyden and Durbin object to an
item in the classified schedule of authorizations that
provides for continued funding of a major acquisition program
that they believe is unnecessary and the cost of which they
believe is unjustified. They believe that the funds for this
item should be expended on other intelligence programs that
will make a surer and greater contribution to national
security. For this reason, which is more fully explained in
the classified record of the conference, they have not signed
the conference report.
From the Permanent Select Commission on Intelligence, for
consideration of the House bill and the Senate amendment, and
modifications committed to conference.
Pete Hoekstra,
Sherwood Boehlert,
Jim Gibbons,
Ray LaHood,
Randy ``Duke'' Cunningham,
Richard Burr,
Terry Everett,
Elton Gallegly,
Mac Collins,
JoAnn Davis,
Mac Thornberry,
Jane Harman,
[[Page H11039]]
Alcee L. Hastings,
Silvestre Reyes,
Leonard L. Boswell,
Collin C. Peterson,
Bud Cramer,
Anna Eshoo,
Rush Holt,
C.A. Dutch Ruppersberger,
From the Committee on Armed Services, for consideration of
defense tactical intelligence and related activities:
Duncan Hunter,
Curt Weldon,
Ike Skelton,
Managers on the Part of the House.
Pat Roberts,
Orrin Hatch,
Mike DeWine,
Christopher Bond,
Trent Lott,
Olympia Snowe,
Chuck Hagel,
Saxby Chambliss,
John Warner,
Dianne Feinstein,
Evan Bayh,
Barbara Mikulski,
Managers on the Part of the Senate.
____________________
