[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2386 Placed on Calendar Senate (PCS)]
Calendar No. 499
108th CONGRESS
2d Session
S. 2386
[Report No. 108-258]
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
__ 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 __
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--
``(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
``(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 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
[Report No. 108-258]
_______________________________________________________________________
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
