WashingtonWatch.com - Revisions for H.R. 2082, The Intelligence Authorization Act for Fiscal Year 2008

Revision by webmaster (March 12, 2008, 19:55:49)

Wed, 12 Mar 2008 18:55:49 EDT

H.R. 2082 would authorize appropriations for fiscal year 2008 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System.

Detailed Summary

Intelligence Authorization Act for Fiscal Year 2008 - Title I: Budget and Personnel Authorizations - (Sec. 101) Authorizes appropriations for FY2008 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA) (11) National Reconnaissance Office (NRO); (12) National Geospatial-Intelligence Agency (NGIA); and (13) Department of Homeland Security.

(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2008, 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 DNI, with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2008 (by not more than 3%) when necessary to the performance of important intelligence functions. Authorizes the DNI to convert to performance by intelligence community (IC) personnel activities currently performed by contractor employees. Requires notification of the congressional intelligence committees in either case.

(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DNI for FY2008, as well as for full-time personnel for elements within such Account. Earmarks a specified amount for the National Drug Intelligence Center.

(Sec. 105) Deems funds appropriated for an intelligence or intelligence-related activity within the National Intelligence Program for FY2008 in excess of the amount specified for such activity in the classified Schedule of Authorizations as specifically authorized by Congress for such purposes.

Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2008 for the Central Intelligence Agency Retirement and Disability Fund.

Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters - (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) Allows an officer or employee of the United States or member of the Armed Forces to be detailed in any fiscal year after 2007 to the staff of an element of the IC funded through the Community Management Account, on a reimbursable or nonreimbursable basis as jointly agreed to by the DNI and the head of the detailing IC element, for a period not to exceed two years.

(Sec. 303) Amends the National Security Act of 1947 to make the DNI responsible for ensuring that IC elements adopt a multi-level security clearance approach to enable the IC to make effective and efficient use of persons proficient in foreign languages or with cultural, linguistic, or other subject matter expertise critical to national security.

(Sec. 304) Authorizes the DNI to grant authority to fix the rate of basic pay for one or more positions within the IC in excess of any applicable limitation: (1) with respect to a position which requires an extremely high level of expertise and is critical to successful accomplishment of an important mission; and (2) only to the extent necessary to recruit and retain well-qualified individuals. Prohibits such pay level from exceeding level II of the Executive Schedule.

(Sec. 305) Permits the DNI to delegate to IC heads, and IC heads to delegate to senior officials within such IC element, the authority to approve certain employee travel on common carriers. Requires the DNI to submit to the intelligence committees guidelines for determining the senior officials to whom such further delegation is authorized.

(Sec. 306) Directs the DNI to prepare and submit to the intelligence committees an annual personnel assessment for the IC that assesses the personnel levels for each IC element for the fiscal year following the fiscal year in which the assessment is submitted.

(Sec. 307) Requires the DNI to report to the intelligence committees describing the personal services activities performed by contractors across the IC, the impact of such contractors on the IC workforce, plans for conversion of contractor employment into government employment, and accountability mechanisms that govern the performance of such contractors.

(Sec. 308) Prohibits the DNI or any IC element head from implementing a plan that provides compensation to personnel of that element based on performance until 45 days after the DNI reports to the intelligence committees on such performance-based compensation.

(Sec. 309) Requires the DNI to report to the intelligence committees on the plans of each IC element to increase diversity within the IC.

Subtitle B: Acquisition Matters - (Sec. 311) Requires the DNI to: (1) conduct an initial vulnerability assessment for any major system (and its significant items of supply) that is proposed for inclusion in the National Intelligence Program prior to completion of Milestone B or an equivalent acquisition decision; (2) conduct subsequent periodic assessments of each such system; (3) give due consideration to such assessments when developing and determining the annual consolidated National Intelligence Program budget; and (4) provide the intelligence committees with a copy of each assessment and a proposed schedule for subsequent assessments.

(Sec. 312) Prohibits, after April 1, 2008, any funds appropriated to any IC element from being obligated for an IC business system modernization unless: (1) the approval authority designated by the DNI certifies that the modernization complies with an integrated enterprise architecture covering all IC business systems; and (2) the certification is approved by the Intelligence Community Business Systems Management Committee (established under this section). Directs the DNI to: (1) develop and implement by September 1, 2008, an enterprise architecture to cover all IC business systems, as well as the functions and activities supported by such systems; and (2) be responsible for an IC business system modernization if more than 50% of the cost of the modernization is funded by amounts appropriated for the National Intelligence Program. Requires the designated approval authority to establish and implement a process to review the planning, design, acquisition, development, deployment, operation, maintenance, modernization, project costs, benefits, and risks of the IC business systems for which the approval authority is responsible. Requires the DNI to: (1) include IC business system proposed funding in annual budget materials submitted to Congress; and (2) establish an Intelligence Community Business Systems Management Committee. Directs the Committee to recommend to the DNI policies and procedures to integrate all IC business activities and any transformation, reform, reorganization, or process improvement initiatives undertaken within the IC. Requires annual reports from the DNI to the intelligence committees, in 2009 through 2014, on IC compliance with requirements of this section.

(Sec. 313) Requires the DNI to report annually to the intelligence committees on each acquisition of a major system by an IC element.

(Sec. 314) Requires an IC element program manager of a major system to: (1) determine if the acquisition cost of such system has increased by at least 25% compared to its baseline cost; and (2) if so, notify the DNI of such increase within ten days. Directs the DNI, upon agreeing with the program manager's determination, to submit to the intelligence committees notification of such determination, a description of the increase, and a certification as to its necessity. Requires similar procedures by the IC element program manager and the DNI upon a determination that the acquisition cost of a program exceeds its baseline cost by 50% or more. Prohibits the obligation of funds for the acquisition of a major system if the appropriate certification is not submitted within 30 days after the determination of the cost increase.

Subtitle C: Other Matters - (Sec. 321) 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. 323) Amends the National Security Act of 1947 to allow funds available to an intelligence committee to be reprogrammed for an intelligence activity if the activity supports an emergent need, improves program effectiveness, or increases efficiency.

(Sec. 324) Amends the National Security Act of 1947 to increase the maximum terms of imprisonment for the disclosure of agent information after access to either agent identifying information or classified information.

(Sec. 325) Extends to IC elements current federal authority to delete from federal gift listing requirements (the listing of gifts received as part of federal employment) information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect U.S. intelligence sources or methods.

(Sec. 326) Requires a report from the DNI to the defense and intelligence committees on measures taken by the DNI and each IC element to comply with provisions of the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.

(Sec. 327) Prohibits any individual under the custody or control of an IC element, regardless of nationality or physical location, from being subject to any treatment or technique of interrogation not authorized by the U.S. Army Field Manual on Human Intelligence Collector Operations.

(Sec. 328) Prohibits more than 30% of the funds authorized for an Expenditure Center (as listed in a classified report under the National Intelligence Program) from being obligated or expended until each member of the intelligence committees has been fully informed with respect to intelligence regarding a facility in Syria subject to military action by Israel on September 6, 2007, including intelligence relating to any agent or citizen of North Korea, Iran, or any other foreign country present at the facility.

(Sec. 329) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the classified annex to this Act.

(Sec. 330) Amends the National Security Act of 1947 and the Intelligence Authorization Act for Fiscal Year 2003 to repeal various intelligence-related reporting requirements.

Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence - (Sec. 401) States that the prohibition on the co-location of the Office of the DNI with any other IC element applies only to the co-location of the headquarters of each.

(Sec. 402) Replaces the CIA Director with the DNI as a member of the Transportation Security Oversight Board.

(Sec. 403) Establishes additional duties for the DNI's Director of Science and Technology, including: (1) assisting the DNI in establishing goals for basic, applied, and advanced research to meet and execute IC technology needs; and (2) submitting an annual report to Congress on the DNI's science and technology strategy.

(Sec. 404) Designates as the head of the National Counter Proliferation Center the Director of the National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.

(Sec. 405) Directs the DNI to develop and report to Congress on a plan to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer servers in the United States.

(Sec. 406) Directs the DNI to submit to the intelligence committees a classified listing of all special access programs under the National Intelligence Program.

(Sec. 407) Requires the DNI to report to the intelligence committees, at least once during FY2008 and twice during FY2009, on the intentions and capabilities of the Islamic Republic of Iran and the Democratic People's Republic of Korea with regard to their nuclear programs. Authorizes the DNI to submit a National Intelligence Estimate with regard to such intentions and capabilities.

(Sec. 408) Requires the DNI to: (1) conduct accountability reviews of IC elements or personnel in relation to significant failures or deficiencies within the IC; and (2) establish guidelines and procedures for conducting such reviews.

(Sec. 409) Permits the DNI to delegate to the Chief Information Officer of the IC the authority to protect intelligence sources and methods from unauthorized disclosure.

(Sec. 410) Authorizes the DNI to expend funds, and make funds available to other federal departments and agencies, to address deficiencies or needs that arise in intelligence information access or sharing capabilities. Authorizes department or agency heads to use funds made available by the DNI for such purposes. Requires annual reports, in each of FY2009-FY2012, on the distribution of such funds.

(Sec. 411) Authorizes the DNI to approve interagency financing of national intelligence centers established under authority of the National Security Act of 1947, as well as for boards, commissions, councils, or similar groups established by the DNI for a period not to exceed two years. Requires annual reports during FY2009-FY2012 on the exercise of such authority.

(Sec. 412) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.

(Sec. 413) Codifies under the National Security Act of 1947 the authority of the DNI to establish an Office of the Inspector General of the Intelligence Community. Outlines required duties. Requires semiannual Inspector General reports to the DNI (and to the head of any other federal department, with respect to portions of the report involving that department) summarizing Office activities. Directs the DNI to submit each such report to the intelligence committees. Requires an immediate report from the Inspector General to the DNI whenever the Inspector General becomes aware of serious or flagrant problems, abuses, or deficiencies relating to matters within the authority and responsibility of the DNI. Directs the DNI to submit each such report to the intelligence committees. Allows an IC employee or contractor who intends to report to Congress a complaint or information with respect to an urgent concern to report such complaint or information to the Inspector General. Requires the Inspector General to then determine whether such complaint or information appears credible, and to forward such findings to the DNI, who shall forward it to the intelligence committees. Directs the Inspector General to report to the Attorney General information relating to violations of federal criminal law that involve a program or operation of an IC element, or in relationships between IC elements. Requires the DNI to include in the National Intelligence Program budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.

(Sec. 414) Requires the DNI to report annually to the intelligence committees on the foreign language proficiency of each IC element.

(Sec. 415) Requires a report from the DNI to Congress on the advisability of providing federal retirement benefits to U.S. citizens for their service before 1977 as employees of Air America or an associated company while such company was owned or controlled by the U.S. government and operated or managed by the CIA.

(Sec. 416) Requires the DNI to ensure that: (1) space intelligence-related issues and concerns are fully considered in carrying out IC authorities; and (2) IC agencies give due consideration to the vulnerability assessment prepared for a given major system at all stages of architecture and system planning, development, acquisition, operation, and support of a space intelligence system.

(Sec. 417) Exempts from search, review, publication, and disclosure requirements of the Freedom of Information Act certain operational files in the Office of the DNI that were provided by IC elements. Provides exemption exceptions. Requires the DNI, at least once every ten years, to review the exempted operational files to determine whether such files, or any portion thereof, may be removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.

(Sec. 418) Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI.

(Sec. 419) Authorizes the DNI to prescribe regulations to exempt any system of records maintained within the Office of the DNI from certain Privacy Act requirements.

(Sec. 420) Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.

Subtitle B: Central Intelligence Agency - (Sec. 431) Requires the CIA Inspector General, at least every three years, to conduct, and report to the intelligence committees on, an audit of each CIA covert action.

(Sec. 432) Makes inapplicable to the CIA Director a requirement to submit to the intelligence committees an annual report on actions taken to ensure the auditability of CIA financial statements.

(Sec. 433) Amends the Central Intelligence Agency Act of 1949 to authorize CIA protective detail personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony. Authorizes the CIA Director to make such personnel available to the DNI. Requires a report from the DNI to the intelligence committees on the exercise of such authority.

(Sec. 435) Amends the Intelligence Authorization Act for Fiscal Year 2004 to replace the CIA Director with the DNI for responsibility over the Office of Intelligence and Analysis.

Subtitle C: Defense Intelligence Components - (Sec. 441) Removes the requirement that the NSA disclose to educational institutions students who are NSA employees or training program participants.

(Sec. 442) Authorizes the NSA Director to designate NSA personnel to perform protective functions for the Director and any NSA personnel designated by the Director. Authorizes such protective personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony. Requires the NSA Director to report to the intelligence committees after the exercise of such authority.

(Sec. 443) Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint an independent inspector general for their agency (thus giving such inspectors general the same information-gathering power and independence as is currently held by inspectors general of other federal agencies). Allows the Secretary of Defense to prohibit the inspector general of an IC element from initiating, carrying out, or completing any audit or investigation if the DNI or Secretary determines that the prohibition is necessary to protect vital U.S. national security interests. Requires notification of such determination to the defense and intelligence committees.

(Sec. 444) Requires the directors of the NSA and NRO to be appointed by the President, by and with the advice and consent of the Senate.

(Sec. 445) Requires the NGIA, as directed by the DNI, to analyze, disseminate, and incorporate into the National System for Geospatial-Intelligence likenesses, videos, and presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence collection organizations or available as open-source information.

(Sec. 446) Directs the Secretary of Defense, during the period beginning on the date of enactment of this Act and ending on December 31, 2008, to delegate to the NGIA Director personnel security clearance authority with respect to NGIA personnel that is identical to the authority held by the NSA Director over NSA personnel.

Subtitle D: Other Elements - (Sec. 451) Includes appropriate elements of the Coast Guard and DEA within the definition of "intelligence community."

Title V: Other Matters - Subtitle A: General Intelligence Matters - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until December 31, 2008, the final report requirement of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Provides funding.

(Sec. 502) Directs the DNI to report to the intelligence committees describing any authorization granted during the ten-year period ending on the date of enactment of this Act to engage in intelligence activities related to the overthrow of a democratically elected government.

(Sec. 503) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 to prohibit the Secretary of the Air Force, in any fiscal year after FY2007, from retiring any U-2 aircraft unless the Secretary of Defense has made certain certifications to Congress that the U-2 aircraft no longer contribute to mitigating any gaps in intelligence, surveillance, and reconnaissance capabilities.

Subtitle B: Technical Amendments - (Sec. 511) Makes technical and/or clarifying amendments to the Central Intelligence Agency Act of 1949, the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, the National Security Intelligence Reform Act of 2004, the Central Intelligence Agency Act of 1949, and other specified laws.

Status of the Legislation

Latest Major Action: 3/11/2008: Failed of passage in House over veto. Status: On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 225 - 188 (Roll no. 117).

Points in Favor

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Points Against

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Revision by webmaster (March 11, 2008, 20:05:03)

Tue, 11 Mar 2008 19:05:03 EDT