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 ==

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Intelligence Authorization Act for Fiscal Year 2008 - <b>Title I: Intelligence Activities </b>- (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)(8) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11)(9) National Reconnaissance Office; (12)Office (NRO); (10) National Geospatial-Intelligence Agency; and (13)Agency (NGIA); (11) Coast Guard; (12) Department of Homeland Security (DHS).Security; and (13) Drug Enforcement Administration (DEA).

(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 5%) when necessary forto 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 on the use of such authority.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, and for certain classified personnel. Earmarks a specified amount for the National Drug Intelligence Center.Account.

(Sec. 105) Incorporates into this Act each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement accompanyingto accompany the conference report foron this bill, or in the classified annex to this Act.

(Sec. 106) Allows the Office ofRequires the DNI onlyto transfer an amount specified in the numberclassified annex to fund the development and acquisition of personnel as were serving there on May 1, 2007.a classified intelligence program specified in the annex.

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

<b>Title III: Intelligence and General Intelligence Community Provisions</b>Matters</b> - (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) Authorizes the DNI to delegate to the head of anany other IC element of(currently, the intelligence community (IC) to delete from gift information lists normally made availableDNI may delegate only to either the public certain identifying information concerning foreign gifts received, ifPrincipal Deputy Director of National Intelligence or the CIA Director) the authority to authorize travel on common carriers for intelligence collection personnel. Authorizes any such IC element head certifies to further delegate such authority to senior officials within such element as specified by the Secretary of State that publication ofDNI. Requires the DNI to submit to the information could adversely affect U.S. intelligence sources or methods.committees the guidelines for determining the senior officials to whom such further delegation is authorized.

(Sec. 305)306) Amends the National Security Act of 1947 to allow funds available to an intelligence committee to be reprogrammedincrease the maximum terms of imprisonment for an intelligence activity if the activity supports an emergent need, improves program effectiveness,disclosure of agent information after access to either agent identifying information or increases efficiency.classified information.

(Sec. 306) Permits the DNI307) Extends to delegateIC elements current federal authority to IC heads,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 headselement head certifies to delegate to senior officials withinthe Secretary of State that publication of such IC element, the authority to approve certain employee travel on common carriers.information could adversely affect U.S. intelligence sources or methods.

(Sec. 307) Prohibits308) Extends from one year to up to three years the DNIlength of time that a government employee or anymember of the Armed Forces may be detailed to an IC element head from implementing a plan that provides compensation to personnel basedfunded through the Community Management Account. Requires joint agreement on performance until 45 days aftersuch detail by the DNI reports toand the intelligence committees on such performance-based compensation.head of the detailing department or agency.

(Sec. 308)309) Requires a report from the DNI to submit to the defense and intelligence committees a planon measures taken by the DNI and each IC element to increase diversity acrosscomply with provisions of the Detainee Treatment Act of 2005 and related provisions of the IC.Military Commissions Act of 2006.

(Sec. 309) Includes, within a required annual report from310) Requires the President to Congress on measures to protect identitiesDNI to: (1) conduct an initial vulnerability assessment for any major system (and its items of covert agents, the needsupply) that is proposed for modificationsinclusion in the National Intelligence Program; (2) conduct subsequent periodic assessments of each such system; (3) give due consideration to improve legal protections for such agents.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.

<b>Title IV: Matters Relating(Sec. 311) Directs the DNI to prepare and submit to Elements of the Intelligence Community - Subtitle A: Office ofintelligence committees an annual personnel assessment for the Director of National Intelligence </b>- (Sec. 401) StatesIC that assesses the prohibition on the co-location of the Office of the DNI with any otherpersonnel levels for each IC element applies only to the co-location of the headquarters of each.element.

(Sec. 402) Replaces312) Prohibits, after April 1, 2008, any funds appropriated to any IC element from being obligated for an IC business system modernization unless: (1) the CIA Directorapproval 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 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 memberprocess to review the planning, design, development, deployment, operation, maintenance, and modernization of the Transportation Security Oversight Board. 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 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. 403) Establishes additional duties for the DNI's Director of Science and Technology, including coordinating and prioritizing research conducted by IC elements and establishing goals for IC elements to meet technology needs.313) Requires a report from the DNI to Congress containing a strategy forreport annually to the development and useintelligence committees on each acquisition of technology in thea major system by an IC through 2018.element.

(Sec. 404) Includes as officers within314) Requires the DNI: (1) on a continuing basis, to determine if the Officeacquisition cost of a major system has increased by at least 20% compared to its baseline cost; and (2) if so, notify the DNIintelligence committees, providing a description of the Directorsamount of the National Counterproliferation Centerincrease and a certification that such system is essential to national security, there are no alternatives to such system, the National Counterterrorism Center.new estimates are reasonable, and the management structure for the acquisition of the system is adequate to manage and control its full life-cycle cost. Requires that, if the former DirectorDNI determines an acquisition cost increase of 40% or more, the President must make the same certification as above to be appointed by the DNI.intelligence committees. 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.

(Sec. 405)315) Amends the Foreign Intelligence AuthorizationSurveillance Act for Fiscal Year 1984of 1978 to authorizedirect the DNIAttorney General to provide incentive awardssubmit to federal employeesthe intelligence and military personnel detailedjudiciary committees copies of decisions, orders, or assigned to the Officeopinions of the DNI.Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that include significant construction or interpretation of such Act.

(Sec. 406) Requires316) Amends the DNI to establish a multi-level security clearance systemNational Security Act of 1947, the Intelligence Authorization Act for Fiscal Year 2003, and the IC that makes more efficient useCombatting Proliferation of Weapons of Mass Destruction Act of persons proficient in foreign languages or with cultural, linguistic, or other expertise critical1996 to national security.repeal various intelligence-related reporting requirements.

(Sec. 407)<b>Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence </b>- (Sec. 401) Requires the DNI to submit to Congress a national intelligence estimate on anticipated geopolitical effectsto: (1) conduct accountability reviews of global climate changeIC elements or personnel in relation to significant failures or deficiencies within the IC; and (2) establish guidelines and its implications on U.S. national security.procedures for conducting such reviews.

(Sec. 408) Directs402) Authorizes the DNI to developexpend funds, and reportmake funds available to Congress on a planother federal departments and agencies, to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer serversaddress deficiencies or needs that arise in intelligence information access or sharing capabilities. Authorizes department or agency heads to use funds made available by the United States.DNI for such purposes.

(Sec. 409) Requires403) Permits the DNI to submit todelegate the authority to protect intelligence committees a classified report providing a comprehensive inventorysources and methods from unauthorized disclosure to any Deputy DNI or the Chief Information Officer of all special access programs under the National Intelligence Program.IC.

(Sec. 410) Requires404) Authorizes the DNI to report quarterly to theapprove interagency financing of national intelligence committees on current intentions and capabilitiescenters established under authority of the Islamic RepublicNational Security Act of Iran and Democratic People's Republic of Korea with regard1947, as well as for boards, commissions, councils, or similar groups established by the DNI for a period not to their nuclear programs.exceed two years.

(Sec. 411) Directs405) Authorizes the DNI to report annuallyDNI, as part of a flexible personnel management system among IC elements, to: (1) convert competitive service positions within an IC element to excepted service positions; and (2) establish the intelligence committees on contractors funded underclassification and ranges of pay for the National Intelligence Program (NIP). Requiresconverted positions. Sets as level III of the Executive Schedule the maximum pay authorized for the converted positions. Authorizes the DNI to grant authority to fix a one-time report on:higher rate of pay, but only: (1) accountability mechanisms that governwith respect to a position which requires an extremely high level of expertise and is critical to the ongoing performancesuccessful accomplishment of contractorsan important mission; and (2) to the extent necessary to recruit or retain an individual exceptionally well qualified for personal services contracts under the NIP; (2)position. Allows the impactDNI to authorize one or more elements of contractors on the IC workforce under the NIP;to adopt compensation authority, performance management authority, and (3) personal services activities performed by contractors under the NIP and, atscholarship authority with respect to IC personnel that have been authorized for another element of the discretionIC, after prior notification of the DNI, the Military Intelligence Program.intelligence committees.

(Sec. 412)407) Directs the DNI's Science and Technology Committee to identify basic, advanced, and applied research programs to be carried out by IC elements. Provides additional duties of and goals for the DNI's Director of Science and Technology with regard to IC technology needs. Requires the DNI to report annually to Congress a strategy for the intelligence committees on the foreign language proficiencydevelopment and use of eachtechnology in the IC element.through 2021.

(Sec. 413) Requires the: (1) head of each IC element to report annually to408) Renames the DNI onDNI's Chief Information Officer as the foreign language proficiencyChief Information Officer of the personnel of such element; and (2) DNI to report annually to specified committees and subcommittees on such reports, an assessment of the foreign language capacity and capabilities of the IC as a whole, and recommendations for eliminating outdated or irrelevant reports relating to foreign language proficiency.Intelligence Community.

(Sec. 414) Requires the DNI to report to the intelligence committees on: (1) the number of intelligence collectors and analysts employed or contracted by each IC element; and (2)409) Establishes a plan to maximize the numberReserve for Contingencies of such collectors employed or contracted by the IC. Places certain limits on the numberOffice of personnel employed or contracted by the OfficeDirector of National Intelligence. Requires that, before funds from the Reserve are used: (1) the DNI (terminatingnotify the intelligence committees; and (2) 15 days elapse after such limits on the date the report is submitted).notification.

(Sec. 415)410) 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 asemiannual Inspector General reports to the DNI (and to the Secretary of Defense, with respect to portions of the report involving DOD components) summarizing Office activities. Requires an immediate report from the DNIInspector General to Congress on the advisabilityDNI whenever the Inspector General becomes aware of providing federal retirement benefitsserious or flagrant problems, abuses, or deficiencies relating to U.S. citizens for their service before 1977 as employeesmatters within the authority and responsibility of Air Americathe DNI. Allows an IC employee or contractor who intends to report to Congress a complaint or information with respect to an associated company whileurgent concern to report such company was ownedcomplaint or controlled byinformation to the U.S. governmentInspector General. Requires the Inspector General to then determine whether such complaint or information appears credible, and operatedto 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 managed byoperation of an IC element, or in relationships between IC elements. Requires the CIA. 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.

<b>Subtitle B: Central Intelligence Agency </b>- (Sec. 421) Establishes(Sec. 411) Designates as the positionhead of Deputythe National Counter Proliferation Center the Director of the CIA.National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.

(Sec. 423) Requires412) Establishes within the CIA Inspector General, at least every three years,Office of the DNI a National Space Intelligence Office, to conduct,be directed by the National Intelligence Officer for Science and Technology. Outlines Office duties, including coordinating and providing policy direction for the management of space-related assets and fields relating to space intelligence. Requires a report from the Office Director to the intelligence committees on, an audit of each CIA covert action.on Office organizational structure.

(Sec. 424) Relieves the CIA Director413) Exempts from search, review, publication, and disclosure requirements of the requirementFreedom of submitting an annual report on efforts to ensureInformation Act certain operational files in the Office of the DNI that agency activities canwere 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 audited in accordance with OMB requirements.removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.

<b>Subtitle C: Other Elements </b>- (Sec. 432) Amends the Counterintelligence Enhancement Act of 2002 to repeal the position of general counsel and(Sec. 414) Repeals certain other functions and dutiesadministrative authorities within the Office of the National Counterintelligence Executive.

(Sec. 433) Adds415) Makes provisions of the Coast Guard and DEAFederal Advisory Committee Act inapplicable to the listadvisory committees of IC agencies included under the National Security ActOffice of 1947.the DNI.

<b>Title V: Other Matters </b>- <b>Subtitle A: General Intelligence Matters </b>- (Sec. 501) Prohibits(Sec. 416) Replaces the Secretary of Defense from beginningCIA Director with the process to terminate the U-2 aircraft program until the Secretary certifies to the defense and intelligence committees that there would be no loss of national or DOD intelligence, surveillance, and reconnaissance capabilities in transitioning from the U-2 program to the Global Hawk RQ-4 unmanned aerial vehicle platform. Requires the Secretary to: (1) conduct a study of aerial reconnaissance platforms to determine whether the RQ-4 platform has reached mission and collection capabilitiesDNI on a par with the collection capabilitiesmembership of the U-2 program; and (2) report study results to such committees.Transportation Security Oversight Board.

(Sec. 502) Amends417) Authorizes the Intelligence Authorization Act for Fiscal Year 2003DNI to extend until September 1, 2008, the final reporting requirementprescribe regulations to exempt any system of records within the National Commission for the ReviewOffice of the Research and Development Programs of the United States Intelligence Community. Provides funding.DNI from certain Privacy Act requirements.

(Sec. 503) Directs<b>Subtitle B: Central Intelligence Agency </b>- (Sec. 421) Establishes the Presidentposition of Deputy Director of the Central Intelligence Agency, who shall be appointed by the President. Outlines Deputy Director duties. Requires the DNI to reportrecommend to the intelligence committees describingPresident a nominee to fill any authorization granted duringvacancy in such position. States that the ten-year period ending oncommissioned officer currently performing the dateduties of enactment of this Act to engage in intelligence activities relatedthe Deputy Director shall neither be subject to the overthrowsupervision or control of a democratically elected government.the Secretary of Defense nor exercise any supervision or control over DOD personnel.

(Sec. 504)422) Makes inapplicable to the Foreign Intelligence Surveillance Act of 1978 (FISA) the exclusive means by which electronic surveillance may be conductedCIA Director a requirement to gather foreignsubmit to the intelligence information, and that such exclusivity applies until specific statutory authorization for such surveillance, other thancommittees an amendmentannual report on actions taken to FISA, is enacted.ensure the auditability of CIA financial statements.

<b>Subtitle B: Technical Amendments </b>- Makes technical amendments to(Sec. 423) Amends the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, the National SecurityCentral Intelligence ReformAgency Act of 2004,1949 to authorize CIA protective detail personnel to make arrests without a warrant: (1) for any offense against the Intelligence Reform and Terrorism Prevention Act of 2004,United States committed in their presence; or (2) when having reasonable cause to believe that the Executive Schedule, andperson to be arrested has committed or is committing a felony. Authorizes the Central Intelligence Agency Act of 1949. Amends various Acts and federal lawsCIA Director to correct obsolete referencesmake such personnel available to the National Imagery and Mapping Agency (now the National Geospatial-Intelligence Agency).DNI.

<b>Title VI: Communication of Information Concerning Terrorist Threats</b> - (Sec. 601) Directs(Sec. 425) Requires a report from the DHS Secretary and the DNICIA Director to jointly conduct (or contract to conduct) a study ofCongress on the operationsadvisability of federal, state, and local government entitiesproviding federal retirement benefits to identify best practicesU.S. citizens for the communicationtheir service before 1977 as employees of information concerning a terrorist threat. Requires a report fromAir America or an associated company while such Secretary to Congress on study findings, conclusions,company was owned or controlled by the U.S. government and recommendations. Authorizes appropriations.operated or managed by the CIA.

(Sec. 602) Directs<b>Subtitle C: Defense Intelligence Components </b>- (Sec. 431) Amends the DHS SecretaryNational Security Agency Act of 1959 to authorize the NSA to recoup educational costs expended for the benefit of employees who are terminated for failure to maintain an appropriate level of academic standing.

(Sec. 432) 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 grantsarrests 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.

(Sec. 433) Amends the Inspector General Act of 1978 to require the heads of the establishmentNRO, DIA, NSA, and operationNGIA 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 three centersother federal agencies). Allows the DNI or the Secretary of Defense to implementprohibit the best practices identifiedinspector 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. 434) Requires the directors of the NSA, NGIA, and NRO to be appointed by the above study forPresident, by and with the processing, analysis,advice and disseminationconsent of terrorist threat information. Authorizes appropriations for the grants.Senate.

(Sec. 435) Requires a report from the DHSNGIA, 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. 436) 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 Congress evaluating the operationsNGIA Director personnel security clearance authority with respect to NGIA personnel that is identical to the authority held by the NSA Director over NSA personnel.

<b>Subtitle D: Other Elements </b>- (Sec. 441) Includes appropriate elements of the centersCoast Guard and making recommendationsDEA within the definition of &quot;intelligence community.&quot;

(Sec. 442) Amends the Intelligence Authorization Act for future funding.Fiscal Year 2004 to replace the CIA Director with the DNI for responsibility over the Office of Intelligence and Analysis.

<b>Title V: Other Matters</b> - (Sec. 501) Makes technical and/or clarifying amendments to the National Security Act of 1947, provisions relating to the Intelligence Reform and Terrorism Prevention Act of 2004, the Central Intelligence Agency Act of 1949, provisions relating to the Multiyear National Intelligence Program, provisions relating to pay levels of certain intelligence officials, provisions relating to the redesignation of the National Geospatial-Intelligence Agency, and provisions relating to the responsibility of the DNI, rather than the CIA Director, as the head of the IC.
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== Status of the Legislation ==

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Latest Major Action: 10/3/2007: Resolving differences -- Senate actions. Status: Senate appointed conferees. Rockefeller; Feinstein; Wyden; Bayh; Mikulski; Feingold; Nelson FL; Whitehouse; Bond; Warner; Hagel; Chambliss; Hatch; Snowe; Burr. As additional conferees: Levin, Kyl.
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== Points in Favor ==

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== Points Against ==

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