[House Report 108-798]
[From the U.S. Government Printing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-798
======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2005
_______
December 7, 2004.--Ordered to be printed
_______
Mr. Hoekstra, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4548]
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 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 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--
``(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 Actof 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 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 (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
(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 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.
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,
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.
