![](media/image1.jpeg){width="6.489583333333333in"
height="1.15625in"}**Legislative
Bulletin...........................................May 10, 2007**

> **Contents:**
>
> **H.R. 2082** --- Intelligence Authorization Act for Fiscal Year 2008

H.R. 2082 --- Intelligence Authorization Act for Fiscal Year 2008

(*Reyes, D-TX*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, May 10, 2007, subject to a structured rule
([H.Res.
388](http://www.rules.house.gov/SpecialRules_details.aspx?NewsID=2653)).
Summaries of the amendments made in order under the rule will be
provided in a separate RSC document.

**[Note]{.underline}**: This Legislative Bulletin addresses only the
**[un]{.underline}**classified portion of the bill. The language of H.R.
2082 provides for the passage of the classified annex, which contains
the **[vast]{.underline}** majority of the authorizations in this
legislation. The classified annex is available to the Committees on
Appropriations of the House and Senate and to the President. The
President has to provide for the "suitable" distribution of appropriate
portions of the annex within the executive branch.

**[Summary]{.underline}**: The unclassified portion of H.R. 2082 would
authorize \$738 million in [discretionary FY2008
appropriations]{.underline} (\$257 million less than FY 2007), including
\$263 million for Central Intelligence Agency Retirement and Disability
System (CIARDS -- previously mandatory spending in FY 2007). The
specific schedule of authorizations for intelligence activities of the
federal government (including the Office of the Director of National
Intelligence, the CIA, the Defense Department, the National Security
Agency, the FBI, etc.) is classified.

*[Authorization of Appropriations]{.underline}*. Authorizes
appropriations for FY 2008 for intelligence-related activities of the
following U.S. government entities:

> 1\) The Office of the Director of National Intelligence
>
> 2\) The Central Intelligence Agency
>
> 3\) The Department of Defense
>
> 4\) The Defense Intelligence Agency
>
> 5\) The National Security Agency
>
> 6\) The Department of the Army, the Department of the Navy, and the
> Department of the Air Force
>
> 7\) The Department of State
>
> 8\) The Department of the Treasury
>
> 9\) The Department of Energy
>
> 10\) The Department of Justice
>
> 11\) The Federal Bureau of Investigation.
>
> 12\) The National Reconnaissance Office
>
> 13\) The National Geospatial-Intelligence Agency
>
> 14\) The Coast Guard
>
> 15\) The Department of Homeland Security
>
> 16\) The Drug Enforcement Administration

*[Personnel Ceilings]{.underline}*. Authorizes the Director of National
Intelligence (DNI), with the approval of the Director of the Office of
Management and Budget, to exceed the (classified) FY 2008 civilian
personnel ceilings, when necessary to perform "important intelligence
functions," when reported to Congress, and when the increase is no
greater than 2 percent of the authorized level.

*[Intelligence Community Management Account]{.underline}*. Authorizes FY
2008 appropriations of \$737.9 million to the Intelligence Community
Management Account (CMA) to fund 1,035 (unclassified) full-time
personnel and other administrative requirements. Allows the Account,
under certain circumstances, to reimburse other federal agencies for
detailing personnel to the staff of the Account.

*[CIARDS]{.underline}*. Authorizes \$262.5 million to be appropriated
for the Central Intelligence Agency Retirement and Disability System
(CIARDS), converting previously mandatory spending into discretionary.

[]{.mark}

*[Increase in Employee Compensation]{.underline}*. Authorizes such
additional or supplemental amounts as may be necessary" for employee
compensation or benefits.

[]{.mark}

*[Intelligence Restrictions]{.underline}*. Emphasizes that this
legislation should not be deemed to constitute authority for the conduct
of any intelligence activity that is not otherwise authorized by the
Constitution or the laws of the United States.

[]{.mark}

[Protecting Intelligence Information]{.underline}. Allows the head of an
intelligence agency to delete, when transmitting information regarding
receipt and disposition of foreign gifts, such certain information if
this agency head certifies in writing to the Secretary of State that the
publication of this information could adversely affect U.S. intelligence
sources or methods.

*[Reprogramming Funds]{.underline}*. Modifies the requirements for
reprogramming funds for intelligence activities to also require that
"the activity to be funded supports an emergent need, improves program
effectiveness, or increase efficiency."

*[Intelligence Personnel Travel on Common Carriers]{.underline}*.
Expands the National Intelligence Director's (DNI's) ability to delegate
his authority -- to allow travel on a common carrier -- to any head of
any other element of the intelligence community. This provision also
allows those agency heads granted authority by the DNI to further grant
this authority to other senior officials "as specified in guidelines
prescribed by the DNI."

*[Intelligence Personnel Compensation Report]{.underline}*. Prohibits
the DNI or the head of any element of the intelligence community to
implement a plan to provide compensation to intelligence personnel based
on performance until 45 days after the date which the DNI submits a
report on performance-based compensation for the intelligence community.
The report must include such components as an implementation time line
and certain target dates, an estimated budget, and a description of the
performance-based compensation system, among other items.

*[Transportation Security Oversight Board Membership]{.underline}*.
Amends the members of the Transportation Security Oversight Board to
remove the CIA Director and add the DNI Director (or his designee).

*[Science and Technology]{.underline}*. Directs the DNI's Science and
Technology Committee to *prioritize* (as opposed to just coordinate)
research and development related to intelligence, including
identification of basic, applied, and advanced research programs to be
carried out by the intelligence community. The Director of Science and
Technology would also have to assist the DNI in establishing technology
goals for the elements of the intelligence community. The DNI would have
to report to Congress by June 30, 2008, on a strategy for the
development and use of technology in the intelligence community through
the year 2018.

*[Strategic Plan]{.underline}*. Requires the DNI to submit a report to
the congressional intelligence committees a plan to increase diversity
across the intelligence communities, including a description of
short-term and long-term goals of the intelligence community.

[]{.mark}

*[Office Locations]{.underline}*. Includes the Director of the National
Counterproliferation Center (NCPC) and the Director of the National
Counterterrorism Center in the list of officers within the Office of the
DNI and provides that the NCPC Director be appointed by the DNI.

[]{.mark}

*[Incentive Awards]{.underline}*. Allows the DNI to provide incentive
awards to federal employees and military personnel assigned to the
Office of the DNI.

*[Security Clearances]{.underline}*. Requires the DNI to establish a
multi-level security clearance system for the intelligence community to
enable them to make more efficient use of persons proficient in foreign
languages or with cultural, linguistic, or other subject matter
expertise that is critical to national intelligence (this provision was
just a Sense of Congress in the FY07 Intelligence Authorization).

*[Global Climate Change Estimate]{.underline}*. Requires the DNI, within
270 days after enactment, to submit a report to Congress a national
intelligence estimate on the anticipated geopolitical effects of global
climate change and the implications of these effects on the national
security of the U.S.

[]{.mark}

*[Energy Efficiency Implementation]{.underline}*. Requires the DNI to
develop a plan to implement the recommendations of a report submitted to
Congress (P.L. 109-431) entitled "An Act to study and promote the use of
energy efficient computer servers in the U.S." Requires that DNI submit
a report to Congress by February 1, 2008, on the implementation of this
plan (in unclassified form).

[]{.mark}

*[Special Access Programs]{.underline}*. Requires the DNI to submit to
Congress, by January 15, 2008, a comprehensive (classified) inventory of
special access programs under the National Intelligence Program.

[]{.mark}

*[Iran and North Korea Intelligence Reports.]{.underline}* Requires the
DNI to submit a quarterly report to the congressional intelligence
committees (classified) on the current intentions and capabilities of
the Islamic Republic of Iran and North Korea regarding their nuclear
programs (and requires various information be contained within the
report, such as an assessment of nuclear weapons programs, etc.).

*[Accountability in Intelligence Contracting]{.underline}*. Requires the
DNI to submit a report to the congressional intelligence committees on
contractors funded under the National Intelligence Program. The report
must include a list of all contractors that have been the subject of an
investigation by the Inspector General and the number of contractors
performing services for each element of the intelligence community.

*[Foreign Language Proficiency]{.underline}*. Requires the DNI to submit
an annual report to the congressional intelligence committees on the
foreign language proficiency of each intelligence agency, and requires
the head of each element of the intelligence community to annually
submit a report to the DNI on the foreign language proficiency of the
personnel at such element.

*[Reports Eliminated]{.underline}*. Requires the DNI to submit a list of
reports to the congressional intelligence committees on recommendations
for the elimination required reports that relate to foreign language
proficiency that the DNI considers outdated or are no longer necessary.

*[CIA Deputy Director]{.underline}*. Creates a new position of Deputy
Director of the Central Intelligence Agency (CIA) to be appointed by the
President (and confirmed by the Senate), and stipulates that the
position has responsibility to assist the CIA Director, and exercise the
powers of the Director during the absence or disability of the Director.

*[CIA Audit]{.underline}*. Directs the Inspector General of the CIA to
conduct an audit of each covert action at least every three years and
report the findings to the congressional intelligence committees.

*[Coast Guard and DEA]{.underline}*. Adds the Coast Guard and Drug
Enforcement Administration to the list of intelligence community
agencies in the National Security Act (50 U.S.C. 401a(4)).

*[Aerial Reconnaissance Platforms]{.underline}*. Prohibits the Secretary
of Defense from terminating the U-2 aircraft program until the Secretary
certifies that there would be no loss of national or DoD intelligence,
surveillance, and reconnaissance capabilities in transitioning from the
U-2 aircraft program to the Global Hawk RQ-4 unmanned aerial vehicle
platform.

**[Possible Conservative Concerns]{.underline}:** Some conservatives may
be concerned that this legislation requires the U.S. intelligence
apparatus to produce a report on global climate change and its
"anticipated" national security affects.

In addition, within this [Intelligence Committee
report](http://intelligence.house.gov/Media/PDFS/HR2082Report.pdf) (only
available on the Committee website and filed not on LIS), there exists a
list of 26 separate congressional earmarks totaling approximately \$96
million (see page 111 and 112). Some members may be concerned with the
existence of earmarks contained within the Intelligence Authorization
bill.

**[Amendments]{.underline}:** Summaries of the amendments made in order
under the rule will be provided in a separate RSC document.

**[Committee Action]{.underline}**: H.R. 2082 bill was referred to the
Permanent Select Committee on Intelligence on May 1, 2007, and was
marked-up the next day. The Committee then amended and by voice vote
ordered the bill reported to the full House on May 7 (House Report
[110-131](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr131):)).

**[Administration Policy]{.underline}:** The Administration opposes
passage of H.R. 2082 and released a Statement of Administration Policy
(SAP) on May 9, 2007, which included the following statement:

> The Administration opposes H.R. 2082 in its current form, but cannot
> yet take a final position on its funding levels because the
> Administration has not had the opportunity to review the classified
> schedule of authorizations related to the bill. Therefore, the
> Administration reserves the right to comment on those authorizations
> once it receives the classified schedule. However, based on the
> portions of the bill received to date, the Administration has concerns
> with H.R. 2082 and objects to a number of provisions, the most
> significant of which are outlined below.

**[Cost to Taxpayers]{.underline}**: CBO reports that the unclassified
portion of H.R. 2082 would authorize \$738 million in [discretionary
FY2008 appropriations]{.underline} (\$257 million less than FY 2007),
including \$263 million for CIARDS (mandatory spending in FY 2007). The
specific schedule of authorizations for intelligence activities of the
federal government (including the Office of the DNI, the CIA, the
Defense Department, the National Security Agency, the FBI, etc.) is
classified.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}:** No.

**[Constitutional Authority]{.underline}:** The Permanent Select
Committee on Intelligence Committee, in House Report
[110-131](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr131):),
fails to cite constitutional authority for this legislation.

House Rule XIII, Section 3(d)(1), requires that all committee reports
contain "a statement citing the *specific* powers granted to Congress in
the Constitution to enact the law proposed by the bill or joint
resolution." *\[emphasis added\]*

**[RSC Staff Contact]{.underline}:** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

\###