Intelligence Authorization Act for Fiscal Year 2005

Bill: 108-s-2386
Sponsor: Sen. Roberts, Pat [R-KS]
Introduced: 2004-05-05 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administrative procedure
Armed forces abroad
Authorization
Business records
Central Intelligence Agency
Civil Rights and Liberties, Minority Issues
Civil service retirement
Classified defense information
Coast guard
Colombia
Commerce
Confidential funding (Federal budgets)
Congress
Congressional committees (Senate)
Congressional oversight
Congressional reporting requirements
Counterintelligence
Crime and Law Enforcement
Crime prevention
Criminal investigation
Criminal justice information
Defense budgets
Department of Defense
Department of Energy
Department of Homeland Security
Department of Justice
Department of State
Department of the Treasury
Drug abuse
Drug law enforcement
Drug traffic
Drugs
Economics and Public Finance
Electronic surveillance
Emergency Management
Espionage
Evidence (Law)
Federal Bureau of Investigation (FBI)
Federal employees
Federal law enforcement officers
Finance and Financial Sector
Foreign agents
Government Operations and Politics
Government employees' health insurance
Government employees' life insurance
Government paperwork
Government statistics
Government trust funds
Health
Income tax
Intelligence community staff
Intelligence officers
International Affairs
Labor and Employment
Latin America
Law
Legislation
Members of Congress
Military assistance
Military civic action
Military intelligence
Military operations
Military personnel
Official secrets
Old age, survivors and disability insurance
Personnel records
Recruiting of employees
Rescue work
Right of privacy
Salaries
Searches and seizures
Senate Intelligence
Senate rules and procedure
Severance pay
Social Welfare
State taxation
Sunset legislation
Tax credits
Tax deductions
Tax exclusion
Tax returns
Taxation
Terrorism
Transfer of employees
Wiretapping

Summary:
action_date: 2004-05-05
text: 
Intelligence Authorization Act for Fiscal Year 2004 2005 - Authorizes appropriations for FY 2004 2005 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency; (4) National Security Agency (NSA); (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy, and Justice; (7) Federal Bureau of Investigation; (8) National Reconnaissance Office; (9) National Imagery and Mapping Geospatial-Intelligence Agency; (10) Coast Guard; and (11) Department of Homeland Security. 
 
Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2004 2005, for such activities are those specified in the classified Schedule of Authorizations. 
 
Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2004 2005 (by not more than two percent) when necessary to the performance of important intelligence functions. 
 
Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 2004 2005 as well as for full-time personnel for elements within such Account. Earmarks a specified amount of such funds for the National Drug Intelligence Center. 
 
Authorizes appropriations for FY 2004 2005 for the Central Intelligence Agency Retirement and Disability Fund. 
 
Specifies that 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 laws of the United States. 
 
Permits the use of authorized funds for counterdrug and counterterrorism activities for Colombia. 
 
Requires the DCI to carry out pilot programs of the feasibility of: (1) permitting intelligence community (IC) analysts to access and analyze intelligence from other IC elements, including NSA signals intelligence; and (2) training students for employment as intelligence analysts. 
 
Directs the National Science Foundation and the Office of Science and Technology Policy to jointly sponsor not less than two workshops on the coordination of Federal research on the use of behavioral, psychological, and physiological assessments of individuals in the conduct of security evaluations. 
 
Protects CIA personnel authorized to carry firearms and NSA employees performing special police functions from tort liability when reasonably acting within the scope of their employment. 
 
Provides for the protection of NSA operational files. 
 
Authorizes DOD funds to be used by DOD IC personnel to award personal service contracts in carrying out authorized missions. 
 
Makes permanent (currently expires after September 30, 2003) the CIA voluntary separation incentive program. 
 
Amends the Central Intelligence Agency Act of 1949 to authorize the DCI to take certain actions to: (1) protect from unauthorized disclosure intelligence operations, the identities of undercover intelligence officers, intelligence sources and methods, or intelligence cover mechanisms; or (2) meet special requirements of work related to the collection of foreign intelligence or other authorized activities. 
 
Permits the use of funds currently authorized for counterdrug activities in Colombia for counterterroism and emergency human health activities.

action_date: 2004-05-05
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Intelligence Authorization Act for Fiscal Year 2005 - 
Title I: Intelligence Activities - 
Authorizes appropriations for FY 2005 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, Energy, and Justice; (7) Federal Bureau of Investigation; (8) National Reconnaissance Office; (9) National Geospatial-Intelligence Agency; (10) Coast Guard; and (11) Department of Homeland Security. 
 
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2005, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. 
(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2005 (by not more than two percent) when necessary to the performance of important intelligence functions. Requires notification of the congressional intelligence committees. 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 2005 as well as for full-time personnel for elements within such Account. Earmarks a specified amount of such funds for the National Drug Intelligence Center. 
(Sec. 105) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the joint explanatory statement to accompany the conference report on this bill, or in the classified annex to this Act. 
(Sec. 106) Deems specifically authorized for such purposes any funds appropriated for an intelligence or intelligence-related activity for FY 2004 in excess of the amount specified for such activity in its classified Schedule of Authorizations. 

Title II: Central Intelligence Agency Retirement and Disability System - 
(Sec. 201) Authorizes appropriations for FY 2005 for the Central Intelligence Agency Retirement and Disability Fund. 

Title III: General Provisions - 
(Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 
(Sec. 302) Specifies that 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 laws of the United States. 
(Sec. 304) Includes as a &quot;foreign power,&quot; for purposes of the Foreign Intelligence Surveillance Act of 1978, any person other than a U.S. person who engages in international terrorism or activities in preparation therefor. 
(Sec. 305) Amends the above Act to require the Attorney General to report annually to the intelligence and judiciary committees on non-U.S. persons targeted under the authority of such Act for electronic surveillance, physical searches, pen registers, and access to records, as well as information on the subsequent use of the results of such activities. 
(Sec. 306) Repeals the requirement that a member serve no longer than eight years on the Senate Select Committee on Intelligence. 

Title IV: Central Intelligence Agency -
 (Sec. 401) Makes permanent (currently expires after September 30, 2003) the CIA voluntary separation incentive program. 
Amends the Central Intelligence Agency Act of 1949 to authorize the DCI to take certain actions to: (1) protect from unauthorized disclosure intelligence operations, the identities of undercover intelligence officers, intelligence sources and methods, or intelligence cover mechanisms; or (2) meet special requirements of work related to the collection of foreign intelligence or other authorized activities. Authorizes the DCI, as part of such actions, to: (1) pay a designated employee additional compensation; (2) establish and administer a nonofficial cover employee retirement system for designated employees, or allow an employee to convert to coverage under the Federal retirement system; (3) establish and administer a nonofficial cover employee health insurance program, or allow an employee to convert to the Federal Employees Health Benefits Program; (4) establish and administer a nonofficial cover employee life insurance program, or allow an employee to convert to the Federal Employees Group Life Insurance Program; (5) exempt a designated employee from mandatory compliance with any Federal regulation, rule, standardized administrative policy, process, or procedure that the DCI determines would be inconsistent with the nonofficial cover of the employee and could expose that employee to detection as a Federal employee; or (6) allow a designated employee to file a Federal or State tax return as if that employee is not a Federal employee. 

Title V: Department of Defense Intelligence Matters -
 (Sec. 501) Repeals the December 31, 2004, sunset on the authority of DOD to engage in commercial activities as security (cover) for intelligence collection activities. 
(Sec. 502) Exempts from certain Federal Privacy Act requirements the collection of information by DOD intelligence personnel who are authorized to collect intelligence from human sources. 
(Sec. 503) Allows funds designated for FY 2005 for assistance to the Government of Colombia for counterdrug activities to be used: (1) to support a campaign against narcotics trafficking and against activities by organizations designated as terrorist organizations; and (2) to protect human health and welfare in emergency circumstances, including rescue operations. Prohibits, under such authority, the participation of any U.S. Armed Forces personnel or U.S. civilian contractor employed by the Armed Forces in any combat operation, except for acting in self defense or during the course of search and rescue operations for U.S. citizens. 

action_date: 2004-07-08
text: 
Intelligence Authorization Act for Fiscal Year 2005 - 
Title I: Intelligence Activities - 
Authorizes appropriations for FY 2005 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, Energy, and Justice; (7) Federal Bureau of Investigation; (8) National Reconnaissance Office; (9) National Geospatial-Intelligence Agency; (10) Coast Guard; and (11) Department of Homeland Security. 
 
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2005, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. 
(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2005 (by not more than two percent) when necessary to the performance of important intelligence functions. Requires notification of the congressional intelligence committees. 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 2005 as well as for full-time personnel for elements within such Account. Earmarks a specified amount of such funds for the National Drug Intelligence Center. 
(Sec. 105) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the joint explanatory statement to accompany the conference report on this bill, or in the classified annex to this Act. 
(Sec. 106) Deems specifically authorized for such purposes any funds appropriated for an intelligence or intelligence-related activity for FY 2004 in excess of the amount specified for such activity in its classified Schedule of Authorizations. 
(Sec. 107) Requires the DCI to ensure that any report, review, study, or plan required by this Act that involves the intelligence or intelligence-related activities of DOD or the Department of Energy is prepared or conducted in consultation with the Secretary of Defense or Energy, as appropriate. Requires any such report, review, study, or plan to be submitted, in addition to any other committee specified in the provision concerned, to the congressional armed services and intelligence committees and the subcommittees on defense of the appropriations committees. 

Title II: Central Intelligence Agency Retirement and Disability System - 
(Sec. 201) Authorizes appropriations for FY 2005 for the Central Intelligence Agency Retirement and Disability Fund. 

Title III: General Provisions - 
(Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 
(Sec. 302) Specifies that 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 laws of the United States. 
(Sec. 304) Includes as a &quot;foreign power,&quot; for purposes of the Foreign Intelligence Surveillance Act of 1978, any person other than a U.S. person who engages in international terrorism or activities in preparation therefor. 
(Sec. 305) Amends the above Act to require the Attorney General to report annually to the intelligence and judiciary committees on non-U.S. persons targeted under the authority of such Act for electronic surveillance, physical searches, pen registers, and access to records, as well as information on the subsequent use of the results of such activities. 
(Sec. 306) Repeals the requirement that a member serve no longer than eight years on the Senate Select Committee on Intelligence. 

Title IV: Central Intelligence Agency -
 (Sec. 401) Makes permanent (currently expires after September 30, 2003) the CIA voluntary separation incentive program. 
Amends the Central Intelligence Agency Act of 1949 to authorize the DCI to take certain actions to: (1) protect from unauthorized disclosure intelligence operations, the identities of undercover intelligence officers, intelligence sources and methods, or intelligence cover mechanisms; or (2) meet special requirements of work related to the collection of foreign intelligence or other authorized activities. Authorizes the DCI, as part of such actions, to: (1) pay a designated employee additional compensation; (2) establish and administer a nonofficial cover employee retirement system for designated employees, or allow an employee to convert to coverage under the Federal retirement system; (3) establish and administer a nonofficial cover employee health insurance program, or allow an employee to convert to the Federal Employees Health Benefits Program; (4) establish and administer a nonofficial cover employee life insurance program, or allow an employee to convert to the Federal Employees Group Life Insurance Program; (5) exempt a designated employee from mandatory compliance with any Federal regulation, rule, standardized administrative policy, process, or procedure that the DCI determines would be inconsistent with the nonofficial cover of the employee and could expose that employee to detection as a Federal employee; or (6) allow a designated employee to file a Federal or State tax return as if that employee is not a Federal employee. 

Title V: Department of Defense Intelligence Matters -
 (Sec. 501) Exempts from certain Federal Privacy Act requirements the collection of information by DOD intelligence personnel who are authorized to collect intelligence from human sources. 
(Sec. 502) Allows funds designated for FY 2005 for assistance to the Government of Colombia for counterdrug activities to be used: (1) to support a campaign against narcotics trafficking and against activities by organizations designated as terrorist organizations; and (2) to protect human health and welfare in emergency circumstances, including rescue operations. Prohibits, under such authority, the participation of any U.S. Armed Forces personnel or U.S. civilian contractor employed by the Armed Forces in any combat operation, except for acting in self defense or during the course of search and rescue operations for U.S. citizens. 

action_date: 2004-10-11
text: 
Intelligence Authorization Act for Fiscal Year 2005 - 
Title I: Intelligence Activities - 
(Sec. 101) Authorizes appropriations for FY 2005 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, Energy, and Justice; (7) Federal Bureau of Investigation; (8) National Reconnaissance Office; (9) National Geospatial-Intelligence Agency; (10) Coast Guard; and (11) Department of Homeland Security. 
 
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2005, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. 
(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2005 (by not more than two percent) when necessary to the performance of important intelligence functions. Requires notification of the congressional intelligence committees. 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 2005 as well as for full-time personnel for elements within such Account. Earmarks a specified amount of such funds for the National Drug Intelligence Center. 
(Sec. 105) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the joint explanatory statement to accompany the conference report on this bill, or in the classified annex to this Act. 
(Sec. 106) Deems specifically authorized for such purposes any funds appropriated for an intelligence or intelligence-related activity for FY 2004 in excess of the amount specified for such activity in its classified Schedule of Authorizations. 
(Sec. 107) Requires the DCI to ensure that any report, review, study, or plan required by this Act that involves the intelligence or intelligence-related activities of DOD or the Department of Energy is prepared or conducted in consultation with the Secretary of Defense or Energy, as appropriate. Requires any such report, review, study, or plan to be submitted, in addition to any other committee specified in the provision concerned, to the congressional armed services and intelligence committees and the subcommittees on defense of the appropriations committees. 

Title II: Central Intelligence Agency Retirement and Disability System - 
(Sec. 201) Authorizes appropriations for FY 2005 for the Central Intelligence Agency Retirement and Disability Fund. 

Title III: General Provisions - 
(Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 
(Sec. 302) Specifies that 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 laws of the United States. 
(Sec. 304) Includes as a &quot;foreign power,&quot; for purposes of the Foreign Intelligence Surveillance Act of 1978, any person other than a U.S. person who engages in international terrorism or activities in preparation therefor. 
(Sec. 305) Amends the above Act to require the Attorney General to report annually to the intelligence and judiciary committees on non-U.S. persons targeted under the authority of such Act for electronic surveillance, physical searches, pen registers, and access to records, as well as information on the subsequent use of the results of such activities. 
 
(Sec. 306) Requires the DCI to submit to Congress an intelligence assessment that identifies and describes each country or region that is a sanctuary for terrorists or terrorist organizations. Requires the assessment to be based on current all-source intelligence. 
(Sec. 307) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until September 1, 2005, the deadline for the final report of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. 
(Sec. 308) Amends the Public Interest Declassification Act of 2000 to extend through December 27, 2008, the authority and activities of the Public Interest Declassification Board. 

Title IV: Central Intelligence Agency -
 (Sec. 401) Makes permanent (currently expires after September 30, 2003) the CIA voluntary separation incentive program. 
Amends the Central Intelligence Agency Act of 1949 to authorize the DCI to take certain actions to: (1) protect from unauthorized disclosure intelligence operations, the identities of undercover intelligence officers, intelligence sources and methods, or intelligence cover mechanisms; or (2) meet special requirements of work related to the collection of foreign intelligence or other authorized activities. Authorizes the DCI, as part of such actions, to: (1) pay a designated employee additional compensation; (2) establish and administer a nonofficial cover employee retirement system for designated employees, or allow an employee to convert to coverage under the Federal retirement system; (3) establish and administer a nonofficial cover employee health insurance program, or allow an employee to convert to the Federal Employees Health Benefits Program; (4) establish and administer a nonofficial cover employee life insurance program, or allow an employee to convert to the Federal Employees Group Life Insurance Program; (5) exempt a designated employee from mandatory compliance with any Federal regulation, rule, standardized administrative policy, process, or procedure that the DCI determines would be inconsistent with the nonofficial cover of the employee and could expose that employee to detection as a Federal employee; or (6) allow a designated employee to file a Federal or State tax return as if that employee is not a Federal employee. 

Title V: Department of Defense Intelligence Matters -
 (Sec. 501) Allows funds designated for FY 2005 for assistance to the Government of Colombia for counterdrug activities to be used: (1) to support a campaign against narcotics trafficking and against activities by organizations designated as terrorist organizations; and (2) to protect human health and welfare in emergency circumstances, including rescue operations. Prohibits, under such authority, the participation of any U.S. Armed Forces personnel or U.S. civilian contractor employed by the Armed Forces in any combat operation, except for acting in self defense or during the course of search and rescue operations for U.S. citizens. 


Legislative actions:
action_date: 2004-10-11
text: See also H.R. 4548.
action_date: 2004-10-11
text: Senate incorporated this measure in H.R. 4548 as an amendment.
action_date: 2004-10-11
text: Passed Senate with amendments by Unanimous Consent.
action_date: 2004-10-11
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.
action_date: 2004-10-11
text: Measure laid before Senate by unanimous consent. (consideration: CR S11267-11271; text of measure as reported in Senate: CR S11267-11271)
action_date: 2004-07-08
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 619.
action_date: 2004-07-08
text: Committee on Armed Services. Reported by Senator Warner with amendments. With written report No. 108-300.
action_date: 2004-07-08
text: Committee on Armed Services. Reported by Senator Warner with amendments. With written report No. 108-300.
action_date: 2004-05-07
text: Referred to the Committee on Armed Services pursuant to Section 3(b) of S.Res. 400, 94th Congress, for a period not to exceed 30 days of session.
action_date: 2004-05-06
text: Star Print ordered on the reported bill.
action_date: 2004-05-05
text: By Senator Roberts from Committee on Intelligence filed written report. Report No. 108-258.
action_date: 2004-05-05
text: By Senator Roberts from Committee on Intelligence filed written report. Report No. 108-258.
action_date: 2004-05-05
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 499.
action_date: 2004-05-05
text: Committee on Intelligence. Original measure reported to Senate by Senator Roberts. Without written report.
action_date: 2004-05-05
text: Committee on Intelligence. Original measure reported to Senate by Senator Roberts. Without written report.
action_date: 2004-05-05
text: Committee on Intelligence ordered to be reported an original measure.
action_date: 2004-05-05
text: Introduced in Senate