News

H.R. 4548 - Intelligence Authorization Act for Fiscal Year 2005

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Washington, June 23, 2004 | comments
H.R.4548
Passed 360-61 Burgess voted YES

Title: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.
Sponsor: Rep Goss, Porter J. [FL-14] (introduced 6/14/2004) Cosponsors: (none)
Committees: House Intelligence (Permanent Select); Senate Intelligence (Select)
House Reports: 108-558
Related Bills: H.RES.686
Latest Major Action: 6/24/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Select Committee on Intelligence.
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SUMMARY AS OF:
6/23/2004--Passed House, amended. (There are 2 other summaries)

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 (FBI); (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 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 (ICM) Account for FY 2005, for full-time personnel for elements within such Account, and for certain classified personnel. Earmarks a specified amount of such funds for the National Drug Intelligence Center.

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 permitted by the Constitution or laws of the United States.

(Sec. 303) Amends the National Security Act of 1947 to replace the position of Assistant Director of Central Intelligence for Administration with the position of Assistant Director of Central Intelligence for Information Management, making such Assistant Director the chief information officer of the intelligence community (IC).

(Sec. 304) Requires the DCI to report to specified congressional committees on efforts of the Government of Pakistan to: (1) acquire, transfer, or combat the proliferation of weapons of mass destruction (WMDs); (2) safeguard its nuclear weapons stockpile; (3) fight Al Qaeda and the Taliban, and dismantle terrorist networks operating in Pakistan; and (4) establish and strengthen Pakistani democratic institutions.

(Sec. 305) Expresses the sense of Congress that: (1) the world has been made safer with the dismantling and removal of Libya's WMDs and the means to deliver them; (2) such action was the result of decades of U.S. and multilateral sanctions against Libya, U.S. resolve in the global war on terror, and the liberation of Iraq by U.S. and Coalition Forces; (3) the President and previous administrations should be commended for such actions; and (4) other countries such as Iran, Syria, and North Korea should follow Libya's example and voluntarily dismantle their WMDs and submit their nuclear programs to international inspections.

(Sec. 306) Expresses the sense of Congress that the apprehension, detention, and interrogation of terrorists are fundamental to the successful prosecution of the Global War on Terror.

(Sec. 307) Expresses the sense of Congress that: (1) the IC should be revitalized by investing in IC missions, people, and capabilities; and (2) the efforts of the men and women of the IC should be recognized and commended.

(Sec. 308) Expresses the sense of Congress that the head of each IC element, including the CIA, FBI, and appropriate officials in the Departments of Defense, State, and the Treasury, should make available upon appropriate congressional request any information and documents in connection with any congressional investigation of the Office of the Iraq Oil-for-Food Program of the United Nations.

(Sec. 309) Directs the CIA Inspector General to: (1) audit the evidence of any relationship existing before September 11, 2001, between the regime of Saddam Hussein and Al Qaeda as referenced in any intelligence reporting of the CIA; and (2) report audit results to Congress.

(Sec. 310) Requires the DCI to submit to Congress an unclassified report on IC progress on the use of Open Source Intelligence.

Title IV: Central Intelligence Agency - (Sec. 401) Amends the Central Intelligence Agency Voluntary Separation Pay Act to repeal provisions which: (1) terminate such voluntary separation pay authority after September 30, 2003; and (2) require the DCI to remit to the Office of Personnel Management, for deposit in the Treasury, funds representing 15 percent of the final basic pay of each employee receiving such separation pay.

Title V: Department of Defense Intelligence Activities - (Sec. 501) Amends the National Security Agency Act of 1959 to establish the National Security Agency Emerging Technologies Panel to study, assess, and advise the DCI on the research, development, and application of existing and emerging science and technology advances on encryption, and other topics.

Title VI: Education - Subtitle A: National Security Education Program - (Sec. 601) Amends the Intelligence Authorization Act for Fiscal Year 1992 to require the DCI to transfer specified amounts to the Secretary of Education, from amounts appropriated for the ICM Account for each fiscal year beginning with 2005, to carry out national security education scholarship, fellowship, and grant programs authorized under such Act. Revises the post-education service obligations under such Act to: (1) allow a delay in commencement of the service obligation of up to three years for scholarship recipients and up to two years for fellowship recipients; (2) require only a one-year service obligation for scholarship recipients (currently, one year for each year of scholarship assistance); and (3) allow such service obligation, with respect to scholarship recipients, to be served with the Department of State or Homeland Security (currently, only with DOD).

(Sec. 603) Requires the DCI to transfer funds from the ICM Account, beginning with the 2005 fiscal year, to carry out the grant program for the National Flagship Language Initiative (an Initiative for achieving advanced levels of proficiency in languages designated as critical to U.S. national security).

Amends the David L. Boren National Security Education Act of 1991 to require students receiving training under the above Initiative to enter into a service agreement with the IC element providing such training, or to reimburse the United States with respect to obligated service not completed. Authorizes the head of the IC element concerned to release an employee from the reimbursement obligation when equity or the interests of the United States so require. Directs the Secretary of Defense to take appropriate steps to increase the number of qualified educational institutions that receive Initiative grants to establish, operate, or improve activities designed to train such students.

(Sec. 604) Authorizes the Secretary of Defense, as part of the national security education program, to award scholarships to U.S. citizens who: (1) are native speakers of a foreign language identified as critical to U.S. national security; and (2) are not proficient at a professional level in the English language, in order to enable such students to pursue English studies at U.S. institutions of higher education to attain professional proficiency. Requires such students to enter into a service agreement to work in a national security position in the area of study involved.

Requires the DCI to transfer funds from the ICM Account to the Secretary of Defense, beginning with the 2005 fiscal year, to carry out such student training program.

Subtitle B: Improvement in Intelligence Community Foreign Language Skills - (Sec. 611) Amends the National Security Act of 1947 to establish the position of Assistant Director of Central Intelligence for Language and Education to oversee and coordinate requirements for foreign language education and training of the IC, and related duties. Requires specified reports from such Assistant Director to Congress.

(Sec. 612) Prohibits an individual from being appointed to a position in the Senior Intelligence Service in the Directorate of Intelligence or Directorate of Operations of the CIA unless the DCI determines that such individual: (1) is certified as having a professional speaking and reading proficiency in a foreign language; and (2) is able to communicate the priorities of the United States and exercise influence in that foreign language. Requires the DCI to report to Congress on any appointments that should be exempt from such language requirement.

(Sec. 613) Authorizes the Secretary of Defense and DCI to jointly establish a program to advance foreign language skills in languages that are critical to the capability of the IC to carry out U.S. national security objectives. Requires the Secretary and DCI to determine actions required to improve the education of IC personnel in such critical foreign languages. Authorizes the head of an IC element to enter into one or more educational partnerships with educational institutions to enhance such language study, with assistance provided to such institutions for providing such education. Outlines program and partnership requirements and limitations. Authorizes the DCI to assign IC employees in analyst positions requiring foreign language expertise as students at accredited professional, technical, or other institutions for training at the graduate or undergraduate level in foreign languages required to conduct the duties and responsibilities of such positions. Authorizes the DCI to reimburse the students for such education and training costs.

(Sec. 614) Directs the DCI to conduct a three-year pilot project to establish a Civilian Linguist Reserve Corps comprised of U.S. citizens with advanced levels of proficiency in foreign languages who would be available, upon a call of the President, to perform such service or duties with respect to such languages in the Federal Government as the President may specify. Requires the DCI to submit to Congress an initial and final report on the pilot project. Authorizes appropriations.

(Sec. 615) Recodifies under Federal national security law provisions of the Intelligence Authorization Act for Fiscal Year 2003 which established the National Virtual Translation Center to provide for timely and accurate translations of foreign intelligence.

(Sec. 616) Directs the Secretary of Defense to: (1) study methods to improve the recruitment and retention of qualified foreign language instructors at the Foreign Language Center of the Defense Language Institute (including expediting lawful admission status for alien instructors); and (2) report study results to the intelligence and defense committees.

Title VII: Reform of Designation of Foreign Terrorist Organizations - (Sec. 701) Amends the Immigration and Nationality Act with respect to the designation of foreign terrorist organizations by the Secretary of Homeland Security to: (1) continue such designation until it is revoked or set aside (currently lasts for two years); (2) require the Secretary to review such designation if the designated organization files a petition for revocation within a prescribed period; (3) require the petitioner to submit evidence that circumstances causing such designation have changed; (4) require the Secretary to make a petition determination within 180 days, and to publish it in the Federal Register; (5) require the Secretary to review a designation if no review has taken place for an organization within a six-year period; and (6) authorize the Secretary to amend a designation if an organization changes its name, adopts a new alias, dissolves and then reconstitutes itself under a different name, or merges with another organization.

(Sec. 702) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the inclusion, in annual State Department reports on terrorism, of information on terrorist groups that have or seek WMDs as well as groups that have been designated as foreign terrorist organizations.

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